(HC) Martinez v. Director of CDCR, No. 2:2012cv02273 - Document 29 (E.D. Cal. 2013)
Court Description: ORDER ADOPTING 26 FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 9/6/13. The 4 Motion to Stay is DENIED. Second amended petition due within 30 days. (Manzer, C)
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(HC) Martinez v. Director of CDCR Doc. 29 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEREK MARTINEZ, 12 Petitioner, 13 14 No. 2:12-cv-2273 WBS DAD P v. ORDER DIRECTOR OF CDCR, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 7, 2013, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Petitioner has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accord dingly, IT IS HEREBY ORDERED that: S O 2 1. The findings an recommen e nd ndations file August 7, 2013, are ad ed dopted in ful ll; 3 2. Peti itioner’s motion for a sta and abeya ay ance (Docke No. 4) is d et denied; and 4 3. Peti itioner is dir rected to file a second am mended petit tion containi only his exhausted ing 5 cla aims within 30 days of th date of th order. he his 6 Da ated: Septem mber 6, 2013 3 7 8 9 /ma art2273.805hc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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