(HC) King v. Davey, No. 2:2016cv01464 - Document 65 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 62 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 04/17/18 DENYING 55 Motion to Stay; as explainedby the Magistrate Judge, if petitioner wishes to add claims he has recently exhausted back into the petition, he must file a motion to amend the petition. (Benson, A.)
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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 March 13, 2018, 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 March 13, 2018, are adopted in full; and 27 28 ///// 1 1 2 3 2. Petitioner’s September 14, 2017 motion to stay (ECF No. 55) is denied. As explained by the Magistrate Judge, if petitioner wishes to add claims he has recently exhausted back into the petition, he must file a motion to amend the petition. 4 Dated: April 17, 2018 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2