McCONNELL v. SWARTHOUT, 2:13-cv-2517 JAM KJN P. (2014)
Court: District Court, E.D. California
Number: infdco20141028b57
Visitors: 10
Filed: Oct. 22, 2014
Latest Update: Oct. 22, 2014
Summary: ORDER JOHN A. MENDEZ, District Judge. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On August 12, 2014, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendatio
Summary: ORDER JOHN A. MENDEZ, District Judge. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On August 12, 2014, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendation..
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ORDER
JOHN A. MENDEZ, District Judge.
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 12, 2014, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY
ORDERED that:
1. The findings and recommendations filed August 12, 2014, are adopted in full;
2. Petitioner's motion for stay (ECF No. 21) is denied;
3. Respondent's motion to dismiss (ECF No. 15) is partially granted;
4. Petitioner's unexhausted claim five is dismissed without prejudice; and
5. Respondent shall file a responsive pleading within thirty days.
Source: Leagle
