(HC) McGraw v. Cisneros, No. 2:2021cv00176 - Document 13 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge William B. Shubb on 7/29/21 ADOPTING in full 12 Findings and Recommendations and DENYING as moot 11 Petitioner's motion to stay. This action is DISMISSED as a second or successive habeas corpus application without prejudice to its refiling with a copy of an order from the Ninth Circuit Court of Appeals authorizing petitioner to file a successive petition. CASE CLOSED (Kastilahn, A)

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(HC) McGraw v. Cisneros Doc. 13 Case 2:21-cv-00176-WBS-GGH Document 13 Filed 07/29/21 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 KENNETH W. McGRAW, 12 13 14 No. 2:21-cv-00176 WBS GGH P Petitioner, v. ORDER CISNEROS, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 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. 20 On June 24, 2021, the magistrate judge filed findings and recommendations herein which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 12. Petitioner has 23 not filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed June 24, 2021, are adopted in full; 28 2. Petitioner’s motion to stay (ECF No. 11) is DENIED as moot; and 1 Dockets.Justia.com Case 2:21-cv-00176-WBS-GGH Document 13 Filed 07/29/21 Page 2 of 2 1 3. This action is dismissed as a second or successive habeas corpus application without 2 prejudice to its refiling with a copy of an order from the Ninth Circuit Court of Appeals 3 authorizing petitioner to file a successive petition. 4 Dated: July 29, 2021 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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