(HC) Carpenter v. Pollard ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID LIONEL CARPENTER, No. 2:20-cv-0908 WBS KJN P 12 Petitioner, 13 v. ORDER 14 MARCUS POLLARD, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed this 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 May 4, 2021, the magistrate judge filed findings and recommendations herein 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 twenty-one days. Respondent filed 23 objections to the findings and recommendations. Petitioner filed a reply. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 4, 2021, are adopted in full; 3 2. Respondent’s motion to dismiss (ECF No. 20) is partially granted, in that claims one 4 | through seven and claim twelve are unexhausted; 5 3. Petitioner’s motion for stay, pursuant to Rhines v. Weber, 544 U.S. 269 (2005), (ECF 6 | No. 25) is granted; 7 4. The Clerk of Court is directed to administratively close this case; 8 5. Upon the completion of state habeas review, petitioner is directed to file a motion to 9 | lift the stay within 30 days from the date of any decision by the California Supreme Court; and 10 6. Petitioner’s failure to file the motion or to properly exhaust his state court remedies 11 | will result in an order lifting the stay of this case and claims one through seven and claim twelve 12 | will be dismissed as unexhausted. 13 || Dated: June 11, 2021 he Lhe aK. fant. t<-—- 14 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 15 16 |] ‘cw/carp0908.806.he 17 18 19 20 21 22 23 24 25 26 27 28