(HC) Harris v. Frauenheim ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD BRENT HARRIS, Case No. 1:19-cv-01203-LJO-SAB-HC 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATION AND GRANTING 13 v. PETITIONER’S REQUEST FOR STAY 14 SCOTT FRAUENHEIM, (ECF No. 9) 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. On December 12, 2019, the Magistrate Judge issued Findings and 19 Recommendation that recommended granting Petitioner’s request to stay the petition pursuant to 20 Rhines v. Weber, 544 U.S. 269 (2005). (ECF No. 9). 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 22 a de novo review. Having carefully reviewed the entire file, the Court concludes that the 23 Findings and Recommendation is supported by the record and proper analysis, and there is no 24 need to modify the Findings and Recommendation. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Findings and Recommendation issued on December 12, 2019 (ECF No. 9) is 27 ADOPTED; 2. Petitioner’s request for a stay under Rhines is GRANTED; 1 3. The proceedings are STAYED pending exhaustion of state remedies; 2 4. Within thirty (30) days of the date of service of this order, Petitioner SHALL pursue 3 state court remedies; 4 5. Petitioner is DIRECTED to file a status report with this Court within thirty (30) days 5 of the date of service of this order and every ninety (90) days thereafter; and 6 6. Within thirty (30) days following the final order of the state courts, Petitioner SHALL 7 notify the Court that the unexhausted claims have been exhausted and to request that 8 the stay be lifted and the case proceed. 9 Petitioner is forewarned that failure to comply with this order will result in the Court 10 vacating the stay. 11 IT IS SO ORDERED. 12 13 Dated: January 4, 2020 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27