(HC) Sanudo v. Foulk, No. 2:2014cv00068 - Document 21 (E.D. Cal. 2014)

Court Description: ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 5/27/2014. Petitioner's 3 Motion to Stay and respondent's 13 Motion to Dismiss are DENIED as MOOT. Petitioner's 18 Request to Lift Stay is DENIED as unnecessary since not stay was ever entered by Court. Respondent directed to file an Answer to 17 First Amended Habeas Corpus Petition within 60 days. (Marciel, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL SANUDO, 12 No. 2:14-cv-0068 GEB AC P Petitioner, 13 v. 14 FRED FOULK, 15 ORDER Respondent. 16 17 Petitioner, a state prisoner, has filed an application for a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 1, 2014, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen. Neither party has filed objections 23 to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed May 1, 2014 are adopted; 28 2. Petitioner’s motion to stay his federal habeas petition (ECF No. 3) is denied as moot; 1 1 2 3 4 5 3. Respondent’s motion to dismiss the original mixed petition without prejudice (ECF No. 13) also is denied as moot; 4. Petitioner’s motion to lift the stay (ECF No. 18) is denied as unnecessary since no stay was ever entered by the district court; and 5. Respondent is directed to file an answer to the first amended federal habeas corpus 6 petition (ECF No. 17) within 60 days. 7 Dated: May 27, 2014 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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