(HC) Smith v. Asuncion, No. 2:2016cv01916 - Document 21 (E.D. Cal. 2017)

Court Description: ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 11/08/17 DENYING 15 Motion to Stay. (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 MARQUISE VINCENT SMITH, 12 Petitioner, 13 14 No. 2:16-cv-1916-WBS-EFB P v. ORDER DEBBIE ASUNCION, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 14, 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. Petitioner has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 14, 2017, are adopted in full; 3 2. Petitioner’s motion to stay (ECF No. 15) is denied. 4 Dated: November 8, 2017 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