(HC) Carranza v. Walker, No. 2:2008cv02479 - Document 10 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 7/16/2009 ORDERING 9 Findings and Recommendations are adopted in full; 8 Motion to Stay is denied; The claims identified as claims 5 and 6 in petitioner's petition for writ of habeas corpus ar e dismissed for failure to exhaust state court remedies; Respondent is directed to file his response to claims 1-4 in petitioner's application for writ of habeas corpus w/in 30 days; and the Clerk shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus on Michael Patrick Farrell, Senior Assistant Attorney General.(Matson, R)
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(HC) Carranza v. Walker Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO JAVIER CARRANZA, 11 Petitioner, 12 vs. 13 No. CIV S-08-2479 MCE KJM P JAMES WALKER 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On May 13, 2009, the magistrate judge filed findings and recommendations herein 20 which were served on petitioner. Petitioner has not filed objections to the findings and 21 recommendations. 22 The court has reviewed the file and finds the findings and recommendations to be 23 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 24 ORDERED that: 25 ///// 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed May 13, 2009, are adopted in full; 2 2. Petitioner’s motion for a stay (Docket No. 8) is denied; 3 3. The claims identified as claims 5 and 6 in petitioner’s petition for writ of 4 5 6 7 habeas corpus are dismissed for failure to exhaust state court remedies; 4. Respondent is directed to file his response to claims 1-4 in petitioner’s application for writ of habeas corpus within thirty days; and 5. The Clerk of the Court shall serve a copy of this order together with a copy of 8 petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael 9 Patrick Farrell, Senior Assistant Attorney General. 10 Dated: July 16, 2009 11 12 13 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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