(HC) Strong v. Foss ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER STRONG, No. 2:19-cv-01268 KJM GGH P 12 Petitioner, 13 v. ORDER 14 TAMMY FOSS, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 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 February 27, 2020, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within seven days. ECF No. 23. Neither party has 23 filed objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 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 . . . .”). 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 February 27, 2020, are adopted in full; 5 2. The case is STAYED and the petition is held in abeyance pending full exhaustion in 6 state court; and 7 3. The parties shall file a status report no later than six months from the date of this order 8 detailing the status of the state proceedings; or, if the state proceedings are finally resolved within 9 the six month period, petitioner shall file a request to lift the stay within fourteen days after final 10 resolution. Further orders will issue depending on the status of the state proceedings. 11 DATED: March 19, 2020. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28