(HC) Ximenez v. Adams, et al, No. 2:2008cv03056 - Document 34 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr. on 9/24/2010 FINDINGS AND RECOMMENDATIONS 30 are ADOPTED in FULL; Petitioner's 21 Motion to stay is DENIED. (Reader, L)
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(HC) Ximenez v. Adams, et al Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER JAMES XIMENEZ, 11 12 13 14 Petitioner, vs. MICHAEL MARTEL, Warden, et al., ORDER Respondents. 15 16 No. CIV S-08-3056 MCE EFB P / Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 of 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 Rule 302. 19 On July 21, 2010, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. Petitioner has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 21, 2010 are adopted in full; and 3 2. Petitioner’s motion to stay, Dckt. No. 21, is denied. 4 Dated: September 24, 2010 5 6 7 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2