(HC) King v. Davey, No. 2:2016cv01464 - Document 36 (E.D. Cal. 2017)
Court Description: ORDER adopting 35 FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 3/24/17: MOTION to dismiss is granted 17 and the petition is dismissed with leave to amend. Petitioner's motions to stay 27 , 30 are denied without prejudice. (Kaminski, H)
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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 JERRY LEE KING, 12 No. 2:16-cv-1464-WBS-EFB P Petitioner, 13 v. 14 DAVE DAVEY, 15 ORDER Respondent. 16 Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ 17 18 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 10, 2017, 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. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed February 10, 2017, are adopted in full; 27 28 ///// 1 1 2. The September 1, 2016 motion to dismiss (ECF No. 17) is granted, and the 2 petition is dismissed with leave to amend to allow petitioner the opportunity to file a 3 fully exhausted petition and then seek a stay under Kelly v. Small, 315 F.3d 1063 (9th 4 Cir. 2002); 5 6 3. Petitioner’s motions to stay (ECF Nos. 27, 30) are denied without prejudice. Dated: March 24, 2017 7 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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