(HC) Harris v. Hill, No. 2:2018cv00359 - Document 16 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 8/27/18: The findings and recommendations 15 are adopted in full. Petitioner's motion to stay and abey this action 2 , is granted. The Clerk of the Court is directed to administratively close this case for the duration of the stay. (Kaminski, H)

Download PDF
(HC) Harris v. Hill Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 COLLEEN ANN HARRIS, 12 Petitioner, 13 14 No. 2:18-cv-0359 KJM AC P v. ORDER MOLLY HILL, Warden, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an 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. 20 On July 10, 2018, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. ECF No. 15. 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 July 10, 2018, are adopted in full; 27 28 ///// 1 Dockets.Justia.com 1 2 2. Petitioner’s motion to stay and abey this action under Rhines v. Weber, 544 U.S. 269 (2005), ECF No. 2, is granted; 3 3. Petitioner is directed to file in this court, within thirty days after the filing of the 4 California Supreme Court’s final order resolving petitioner’s unexhausted claims, a motion to lift 5 the stay and a motion to file an amended petition for writ of habeas corpus, together with a 6 proposed First Amended Petition; and 7 4. The Clerk of the Court is directed to administratively close this case for the duration of 8 the stay. 9 DATED: August 27, 2018. 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.