(HC) Scott v. McDonald, No. 2:2010cv02492 - Document 17 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS signed by Judge William B. Shubb on 06/23/11 DENYING 11 Motion to Stay. (Michel, G)

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(HC) Scott v. McDonald Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEANDRE CERRONE SCOTT, Petitioner, 11 12 13 14 No. CIV S-10-2492 WBS GGH P vs. MIKE McDONALD, Respondent, ORDER 15 16 17 / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 30, 2011, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty days. Although 23 on May 6, 2011, petitioner was granted an extension of time to file objections, neither party has 24 filed objections to the findings and recommendations. 25 26 The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 1 Dockets.Justia.com 1 ORDERED that: 2 3 4 1. The findings and recommendations filed March 30, 2011, are adopted in full; and 2. Petitioner’s January 19, 2011, motion for a stay, pending exhaustion of 5 additional claims in state court, is denied. 6 DATED: June 23, 2011 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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