-JFM (HC) Berry v. Jacquez, No. 2:2010cv00305 - Document 52 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge William B. Shubb on 12/1/11 ORDERING that the Findings and Recommendations filed October 5, 2011, are Adopted in Full; and Petitioner's April 11, 2011 request to STAY this action is GRANTED. (Becknal, R)
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-JFM (HC) Berry v. Jacquez Doc. 52 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD JOSEPH BERRY, Petitioner, 11 12 13 14 No. 2:10-cv-0305 WBS JFM (HC) vs. FRANCISCO JACQUEZ, Respondent. ORDER / 15 16 Petitioner, a state prisoner proceeding through counsel, has filed this application 17 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On October 5, 2011, 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 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 5, 2011, are adopted in full; 3 and 4 5 2. Petitioner’s April 11, 2011 request to stay this action is granted. DATED: December 1, 2011 6 7 8 9 10 11 /berr0305.806hc 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2