(HC) Deary-Smith v. Sherman, No. 2:2020cv00572 - Document 29 (E.D. Cal. 2021)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 8/5/2021 ADOPTING in full the findings and recommendations filed 6/4/2021; GRANTING the Petitioner's 27 request for a STAY; and STAYING this action for one year. REQUIRING Petitioner to submit status reports at the 6 month and one-year mark, or immediately upon the final adjudication of the current state court proceedings, whichever is earlier. (Becknal, R)
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(HC) Deary-Smith v. Sherman Doc. 29 Case 2:20-cv-00572-KJM-GGH Document 29 Filed 08/06/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RASHID D. DEARY-SMITH, 12 Petitioner, 13 14 No. 2:20-cv-00572 KJM GGH P v. ORDER THERESA CISNEROS, Acting Warden, 15 Respondent. 16 Petitioner, a state prisoner proceeding with counsel, has filed an application for a writ of 17 18 habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 4, 2021, the magistrate judge filed findings and recommendations, which were 21 served on petitioner and which contained notice to petitioner that any objections to the findings 22 and recommendations were to be filed within twenty-one days. ECF No. 28. Petitioner has not 23 filed objections to the findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United States, 24 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 Dockets.Justia.com Case 2:20-cv-00572-KJM-GGH Document 29 Filed 08/06/21 Page 2 of 2 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 4, 2021, are adopted in full; 5 2. Petitioner’s request for a stay (ECF No. 27) is GRANTED; and 6 3. This action is STAYED for one year. Petitioner will be required to submit status reports 7 at the 6 month and one-year mark, or immediately upon the final adjudication of the current state 8 court proceedings, whichever is earlier. 9 DATED: August 5, 2021. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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