(HC) Roberts v. McDowell ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MONTERIO MAURICE ROBERTS, No. 2:20-cv-00872-TLN-KJN 12 Petitioner, 13 v. ORDER 14 NEIL McDOWELL, 15 Respondent. 16 17 Petitioner Monterio Maurice Roberts (“Petitioner”), a state prisoner proceeding pro se, has 18 filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On January 28, 2021, the magistrate judge filed findings and recommendations herein 22 which were served on Petitioner and which contained notice to Petitioner that any objections to 23 the findings and recommendations were to be filed within fourteen days. (ECF No. 16.) 24 Petitioner has not filed objections to the findings and recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 28 /// 1 The Court has reviewed the file and finds the findings and recommendations to be 2 || supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed January 28, 2021 (ECF No. 16), are 5 | ADOPTED IN FULL; 6 2. Petitioner’s Motion for a Stay (ECF No. 5) is GRANTED; 7 3. The Clerk of the Court is directed to administratively stay this action; and 8 4. Petitioner is ordered to notify the Court of the exhaustion of state court remedies within 9 | thirty (30) days of the filing of the order by the California Supreme Court addressing his habeas 10 || petition. 11 IT IS SO ORDERED. 12 | DATED: March 17, 2021 13 14 { ff /) 15 “ Mp Vidar 16 Troy L. Nuhlep ] United States District Judge 18 19 20 21 22 23 24 25 26 27 28