(HC) Cox v. Small et al, No. 2:2009cv02135 - Document 12 (E.D. Cal. 2009)
Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 10/26/09 ADOPTING 11 FINDINGS AND RECOMMENDATIONS in full; 4 Motion for stay and abeyance is GRANTED; petitioner is directed to present all unexhausted claims to CA Supreme Court within 30 days and file a status report to this court on the first court day of each month; additionally, petitioner is ordered to serve motion to lift stay, with proposed amended petition, within 30 days of Supreme Court's order disposing of petition. Action is STAYED and Clerk directed to administratively close case. (Owen, K)
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(HC) Cox v. Small et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE COX, 11 Petitioner, 12 No. CIV S-09-2135 LKK DAD P vs. 13 LARRY SMALL, Warden, 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 August 25, 2009, the magistrate judge filed findings and recommendations 20 herein which were served on petitioner and which contained notice to petitioner that any 21 objections to the findings and recommendations were to be filed within twenty days. Petitioner 22 has not filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 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 July 21, 2009 motion for a stay and abeyance (Doc. No. 4) is 3 granted; 4 3. In the event that all of petitioner’s unexhausted claims that he wishes to present 5 to this court were not included in his state habeas petition pending before the California Supreme 6 Court, petitioner is ordered to present all unexhausted claims to the California Supreme Court in 7 a further state habeas corpus petition to be filed within thirty days; 8 9 10 11 4. This action is stayed and the Clerk of the Court is directed to administratively close the case; 5. Petitioner is ordered to file and serve a status report in this case on the first court day of each month; and 12 6. Petitioner is ordered to file and serve a motion to lift the stay of this action, 13 along with a proposed amended petition containing only exhausted claims, within thirty days 14 after petitioner is served with the California Supreme Court’s order disposing of the state 15 exhaustion petition. 16 DATED: October 26, 2009. 17 18 19 20 21 22 23 24 25 26 2
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