-GGH (HC) Abel v. Chavez, No. 2:2011cv00721 - Document 16 (E.D. Cal. 2011)

Court Description: ORDER adopting in full 15 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr., on 11/22/11. Petitioner's 4 motion for a stay and abeyance is GRANTED, and petitioner is directed to inform the court within 30 days of any decision by the state Supreme Court. (Kastilahn, A)
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-GGH (HC) Abel v. Chavez Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN ABEL, 11 Petitioner, 12 vs. 13 No. CIV S-11-0721 GEB GGH P FRANK X. CHAVEZ, Warden, 14 Respondent. 15 ORDER / 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 October 17, 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. 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 2 3 4 5 1. The findings and recommendations filed October 17, 2011, are adopted in full; and 2. Petitioner’s motion for a stay and abeyance, filed on March 16, 2011 (docket # 4), is granted; and 3. Petitioner is directed to inform the court within thirty days of any decision by 6 the state Supreme Court. 7 Dated: November 22, 2011 8 9 10 GARLAND E. BURRELL, JR. United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2