(DP)(HC) Horning v. Cullen, No. 2:2010cv01932 - Document 41 (E.D. Cal. 2012)
Court Description: ORDER signed by Judge John A. Mendez on 1/18/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/18/11 40 are ADOPTED in full; Petitioner's Motion to Stay this Federal proceeding pending exhaustion of new claims in State Court 29 is GRANTED. (Mena-Sanchez, L)
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(DP)(HC) Horning v. Cullen Doc. 41 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANNY RAY HORNING, 11 Petitioner, 12 13 No. CIV S-10-1932 JAM GGH vs. DEATH PENALTY CASE MICHAEL MARTEL, 14 Respondent. 15 ORDER / 16 On November 28, 2011, the magistrate judge filed findings and recommendations 17 herein which were served on all parties and which contained notice to all parties that any 18 objections to the findings and recommendations were to be filed within twenty days. Neither 19 party has filed objections to the findings and recommendations. 20 The court has reviewed the file and finds the findings and recommendations to be 21 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 22 ORDERED that: 23 1. The findings and recommendations filed November 28, 2011, are adopted in 24 full; and 25 \\\\\ 26 \\\\\ 1 Dockets.Justia.com 1 2. Petitioner’s motion to stay this federal proceeding pending exhaustion of new 2 claims in state court (docket #29) is granted. 3 DATED: January 18, 2012 4 5 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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