(HC) Jarrar v Barnes, No. 2:2009cv01684 - Document 17 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/30/09 RECOMMENDING that the petition for writ of habeas corpus be dismissed without prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 20 days.(Dillon, M)
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(HC) Jarrar v Barnes Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AOUS JARRAR, Petitioner, 11 vs. 12 13 No. CIV S-09-1684 FCD GGH P RONALD BARNES, Respondent. 14 FINDINGS & RECOMMENDATIONS / 15 16 Petitioner is a state prisoner proceeding with counsel for a writ of habeas corpus. 17 The petition raises one claim of ineffective assistance of counsel that was unexhausted. On July 18 9, 2009, petitioner filed a motion to stay the petition in order to properly exhaust the claim. On 19 September 8, 2009, the district judge adopted the findings and recommendations denying the 20 motion to stay. Because the petition consisted of only one unexhausted claim, it is subject to 21 22 dismissal without prejudice. See Rasberry v. Garcia, 448 F.3d 1150, 1154 (9th Cir.2006) (“Once 23 a district court determines that a habeas petition contains only unexhausted claims, ... it may 24 simply dismiss the habeas petition for failure to exhaust.”); Jiminez v. Rice, 276 F.3d 478, 481 25 (9th Cir.2001). 26 \\\\\ 1 Dockets.Justia.com Accordingly, IT IS HEREBY RECOMMENDED that the petition for writ of 1 2 habeas corpus be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 5 days after being served with these findings and recommendations, petitioner may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 8 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 DATED: October 30, 2009 /s/ Gregory G. Hollows 11 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 12 13 14 15 jarr1684.dis 16 17 18 19 20 21 22 23 24 25 26 2
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