(HC) Wallin-Reed v. Arnold, No. 2:2017cv01495 - Document 21 (E.D. Cal. 2018)
Court Description: ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 09/20/18 GRANTING 7 Motion to Stay. Petitioner shall file a status report with this Court every 90 days until such time as the California Supreme Court issues a decision with respect to Petitioner's ineffective assistance of counsel claims. Once the California Supreme Court renders a decision, Petitioner is ordered to file a "Notice of Exhaustion" with this Court within 21 days of the date of the opinion. (Benson, A.)
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(HC) Wallin-Reed v. Arnold Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY CHAD WALLIN-REED, 12 No. 2:17-cv-1495-TLN-CKD Petitioner, 13 v. 14 ERIC ARNOLD, 15 ORDER 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 June 4, 2018, the magistrate judge filed findings and recommendations herein which 20 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 days. Respondent 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 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 4, 2018, are ADOPTED in full; 3 2. Petitioner’s motion for a stay and abeyance of his federal habeas corpus petition is 4 5 GRANTED; 3. Petitioner is ordered to file a status report with this Court every ninety (90) days until 6 such time as the California Supreme Court issues a decision with respect to Petitioner’s 7 ineffective assistance of counsel claims; 8 4. Once the California Supreme Court renders a decision, Petitioner is ordered to file a 9 “Notice of Exhaustion” with this Court within twenty-one (21) days of the date of the opinion. 10 Dated: September 20, 2018 11 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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