(HC) Pickett v. Grounds, No. 2:2010cv02223 - Document 11 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 11/10/10 ORDERING the Findings and Recommendations 8 ADOPTED IN FULL; petitioner's Request to Stay 2 is DENIED; and this action is DISMISSED WITHOUT PREJUDICE. (Carlos, K)
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(HC) Pickett v. Grounds Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NORMAN CHARLES PICKETT, JR., 11 Petitioner, 12 13 14 15 16 No. 2:10-cv-2223 GEB KJN P vs. RANDY GROUNDS, Warden, Respondent. ORDER / 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 September 23, 2010, 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-one days. 22 Petitioner has filed objections to the findings and recommendations. 23 24 25 26 Petitioner asks the court to stay this case pending the Ninth Circuit’s ruling on his request to file a second or successive petition. Title 28 U.S.C. § 2244(3)(A) states: Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district 1 Dockets.Justia.com 1 court to consider the application. 2 28 U.S.C. § 2244(3)(A). Therefore, petitioner must first obtain authorization from the Ninth 3 Circuit before he files a petition in the Eastern District. Petitioner’s request will be denied. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 5 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 6 file, the court finds the findings and recommendations to be supported by the record and by 7 proper analysis. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The findings and recommendations filed September 23, 2010, are adopted in 10 full; 11 2. Petitioner’s request to stay this case is denied; and 12 3. This action is dismissed without prejudice. 13 Dated: November 10, 2010 14 15 16 GARLAND E. BURRELL, JR. United States District Judge 17 18 19 20 21 22 23 24 25 26 2