(HC) Johnson v. Jacquez, No. 2:2009cv02108 - Document 27 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge John A. Mendez on 03/01/11 ADOPTING in full 22 FINDINGS AND RECOMMENDATIONS; GRANTING 3 Motion to Stay; DENYING 13 Motion to Dismiss ; Petitioner is directed to file a state habeas petition containing his unexhausted claims within 30 days and is admonished that he shall inform this court within 30 days after his claims are exhausted in state court. (Williams, D)
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(HC) Johnson v. Jacquez Doc. 27 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON WILBERT JOHNSON, 11 12 13 14 Petitioner, vs. FRANCISCO JACQUEZ, Warden, Respondent. 15 16 No. CIV S-09-2108 JAM EFB P ORDER / 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 September 13, 2010, the magistrate judge filed findings and recommendations 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 fourteen days. 22 Respondent has filed 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 25 entire 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 September 13, 2010, are adopted in 3 4 5 full; 2. Petitioner’s motion to stay the case pending the exhaustion of his unexhausted claims is granted; 6 3. Petitioner is directed to file a state habeas petition containing his unexhausted 7 claims within 30 days and is admonished that he shall inform this court within 30 days after his 8 claims are exhausted in state court; and 9 10 4. Respondent’s motion to dismiss is denied. DATED: 3/1/2011 11 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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