(HC) Cherveny v. Arnold, No. 2:2017cv02528 - Document 9 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 4/20/2018 ADOPTING 8 Findings and Recommendations. Petitioner's 5 Motion for Stay and Abeyance is GRANTED. Petitioner shall file a writ of habeas corpus with the California Supreme Court within 45 days of the issuance of this Order. CASE STAYED. (Zignago, K.)
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(HC) Cherveny v. Arnold Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL CHERVENY, 12 No. 2:17-cv-2528 MCE GGH Petitioner, 13 v. 14 ERIC ARNOLD, 15 ORDER Respondent. 16 Petitioner is proceeding pro se and in forma pauperis in this habeas matter which was 17 18 assigned to the magistrate judge pursuant to eastern District of California Local Rule 302(c)(17). 19 On March 1, 2018 the magistrate issued Findings and Recommendations recommending that the 20 petitioner’s Motion for a Stay and Abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005), 21 ECF No. 5, be granted. ECF No. 8. Petitioner was granted twenty-one (21) days to object and 22 were cautioned that failure to file objections within that time may waive the right to appeal the 23 District Court’s Order. Id. No objections have been filed. 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 reviewed the file and the magistrate 26 judge’s findings and recommendations the court ADOPTS the findings and recommendations in 27 full. 28 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Petitioner’s Motion for Stay and Abeyance is GRANTED; 3 2. Petition shall file a writ of habeas corpus with the California Supreme Court within 4 45 days of the issuance of this Order. 5 IT IS SO ORDERED. 6 Dated: April 20, 2018 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2