(HC) Fletcher v. Walker, No. 2:2009cv01091 - Document 23 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 21 FINDINGS AND RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr on 10/14/2009; 9 Motion to Stay and 10 Motion to Amend the Complaint are GRANTED; this action is stayed and the Clerk of the Court is directed to administratively close the case; status report due on the first court date of each month; motion to lift the stay due within 30 days of Supreme Court ruling. (Suttles, J)
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(HC) Fletcher v. Walker Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY FLETCHER, Petitioner, 11 vs. 12 13 No. CIV S-09-1091 FCD DAD P JAMES WALKER, Warden, Respondent. 14 ORDER / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 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. On August 25, 2009, the magistrate judge filed findings and recommendations 19 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty days. Neither 22 party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed August 25, 2009, are adopted in full; 2 2. Petitioner’s June 24, 2009 motion for a stay and abeyance (Doc. No. 9) is 3 granted; 4 3. Petitioner’s June 24, 2009 motion to amend (Doc. No. 10) is granted; 5 4. Petitioner is ordered to present all unexhausted claims to the California 6 Supreme Court in a further state habeas corpus petition to be filed within thirty days; 5. This action is stayed and the Clerk of the Court is directed to administratively 7 8 9 10 11 close the case; 6. Petitioner is ordered to file and serve a status report in this case on the first court day of each month; and 7. Petitioner is ordered to file and serve a motion to lift the stay of this action, 12 along with a proposed second amended petition containing only exhausted claims, within thirty 13 days after petitioner is served with the California Supreme Court’s order disposing of the state 14 exhaustion petition. 15 DATED: October 14, 2009. 16 17 18 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 2
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