(HC) Ortega v. Gipson, No. 2:2013cv01913 - Document 7 (E.D. Cal. 2013)
Court Description: ORDER ADOPTING 5 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 10/31/13. The 2 Motion to Stay is GRANTED. Case STAYED. (Manzer, C)
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(HC) Ortega v. Gipson Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VICTOR ANTHONY ORTEGA, 12 13 14 15 No. 13-cv-1913 KJM KJN P Petitioner, v. ORDER CONNIE GIPSON, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 24, 2013, the magistrate judge filed findings and recommendations, which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. Petitioner has not filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 24, 2013, are adopted in full; 3 2. Petitioner’s motion to stay (ECF No. 2) is granted; and 4 3. The Clerk of Court shall administratively stay this action. 5 DATED: October 31, 2013. 6 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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