-GGH (HC) Nesbitt v. Jacquez, No. 2:2009cv02821 - Document 43 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 5/10/11 ORDERING the findings and recommendations filed April 6, 2011, are adopted in full; Petitioner's motion to certify the court's March 16, 2011, order for appeal isdenied; Petitioner 9;s motion for a stay pending state court exhaustion of an ineffective assistance of counsel claim, leave to proceed upon which has previously been denied, also is denied; and Petitioner is granted fourteen days to file any supplemental points and au thorities to the operative amended petition filed by petitioner pro se; thereafter, respondent willbe granted fourteen days to file a response, including any procedural default dispositive motion, containing the standard elements of an answer; petitioner be granted seven days to file any reply to respondent's opposition/answer.(Matson, R)
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-GGH (HC) Nesbitt v. Jacquez Doc. 43 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT HAYDEN NESBITT, Jr., 11 12 13 14 Petitioner, vs. FRANCISCO JACQUEZ, Warden, Respondent. 15 16 No. CIV S-09-2821 GEB GGH 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 April 6, 2011, 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 fourteen 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 April 6, 2011, are adopted in full; 3 2. Petitioner’s motion to certify the court’s March 16, 2011, order for appeal is 4 denied; 5 3. Petitioner’s motion for a stay pending state court exhaustion of an ineffective 6 assistance of counsel claim, leave to proceed upon which has previously been denied, also is 7 denied; and 8 9 4. Petitioner is granted fourteen days to file any supplemental points and authorities to the operative amended petition filed by petitioner pro se; thereafter, respondent will 10 be granted fourteen days to file a response, including any procedural default dispositive motion, 11 containing the standard elements of an answer; petitioner be granted seven days to file any reply 12 to respondent’s opposition/answer. 13 Dated: May 10, 2011 14 15 16 GARLAND E. BURRELL, JR. United States District Judge 17 18 19 20 21 22 23 24 25 26 2