(HC) Duran v. Frauenheim, No. 2:2017cv02122 - Document 25 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 9/25/2018 ADOPTING 22 Findings and Recommendations; DENYING 21 Motion to Stay; and this case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Reader, L)

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(HC) Duran v. Frauenheim Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ANTONIO DURAN, 12 Petitioner, 13 14 No. 2:17-cv-2122 KJM AC P v. ORDER SCOTT FRAUENHEIM, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 21, 2018, the magistrate judge filed findings and recommendations, 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. ECF No. 22. Petitioner has 23 filed objections to the findings and recommendations. ECF No. 23. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having carefully reviewed the file, the court 26 finds the findings and recommendations to be supported by the record and by proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 21, 2018 (ECF No. 22), are adopted in 3 full; 4 2. Petitioner’s motion for stay (ECF No. 21) is denied; and 5 3. This case is referred back to the assigned magistrate judge for all further pretrial 6 proceedings. 7 DATED: September 25, 2018. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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