(HC) Turner v. Duffy, No. 2:2015cv02356 - Document 24 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/11/18 STRIKING petitioner's 23 objections. Counsel for petitioner is granted 14 days from the date of this order to file objections to the 2/26/18 findings and recommendations. Alternatively, if counsel seeks to withdraw, a motion to withdraw which complies with Local Rule 182 (d) shall be filed within 14 days.(Plummer, 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 ROBERT C. TURNER, 12 No. 2:15-cv-2356 WBS CKD P Petitioner, 13 v. 14 BRIAN DUFFY, 15 ORDER Respondent. 16 17 Petitioner is a California prisoner proceeding through counsel with a petition for writ of 18 habeas corpus under 28 U.S.C. ยง 2254. On February 26, 2018, the court recommended that the 19 habeas petition be denied and informed the parties that objections to the findings and 20 recommendations could be filed within 14 days. Counsel has not filed objections. Rather, 21 petitioner has informed that court that counsel has withdrawn and petitioner has filed objections 22 pro se. Counsel has not withdrawn, however, as counsel has not complied with the procedures 23 identified in Local Rule 182(d). 24 ///// 25 ///// 26 ///// 27 ///// 28 ///// 1 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. The objections filed by petitioner pro se on April 5, 2018 are stricken; and 3 2. Counsel for petitioner is granted 14 days from the date of this order to file objections to 4 the February 26, 2018 findings and recommendations. Alternatively, if counsel seeks to 5 withdraw, a motion to withdraw which complies with Local Rule 182(d) shall be filed within 14 6 days. 7 Dated: April 11, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 1 turn2356.ext 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2