(HC) Flannery v. Walker, No. 2:2010cv00950 - Document 13 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 9/24/10 ADOPTING 12 Findings and Recommendations in full. Petitioner's Motion to Stay is GRANTED, pending exhaustion of claim three. Petitioner is directed to inform the court and file a request to lift stay within 28 days of a decision by the CA Supreme Court concluding state court habeas review. (Owen, K)
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(HC) Flannery v. Walker Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ORVAL D. FLANNERY, 11 Petitioner, 12 13 No. CIV S-10-0950 MCE GGH P vs. TIM VIRGA, Warden, 14 ORDER Respondent. 15 / 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 Rule 302. 19 On August 16, 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. Neither 22 party has 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 16, 2010, are adopted in full; 2 2. Petitioner’s motion for a stay under Rhines [v. Weber, 544 U.S. 269, 125 S. Ct. 3 1528 (2005)] filed on April 14, 2010 (docket # 2), is granted, pending exhaustion of claim three; 4 and 5 3. Petitioner is directed to inform this court and file a request to lift the stay 6 within twenty-eight days of a decision by the California Supreme Court concluding state court 7 habeas review. 8 Dated: September 24, 2010 9 10 11 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2