(HC) Jeffries v. Clark ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW JEFFRIES, No. 2: 20-cv-2414 JAM KJN P 12 Petitioner, 13 v. ORDER 14 KEN CLARK, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an 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 17, 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 fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. 26 //// 27 //// 28 //// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 17, 2021, are adopted in full. 3 2. Respondent’s motion to dismiss (ECF No. 12) is partially granted, in that claims six 4 and seven are unexhausted. 5 3. Petitioner’s motion for stay, pursuant to Rhines v. Weber, 544 U.S. 269 (2005), (ECF 6 No. 14) is granted. 7 4. Clerk of Court is directed to administratively close this case. 8 5. Upon the completion of the state habeas review, petitioner is directed to file a motion 9 to lift the stay within 30 days from the date of any decision by the California Supreme Court. 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 six and seven will be dismissed as 12 unexhausted. 13 14 DATED: June 28, 2021 /s/ John A. Mendez 15 THE HONORABLE JOHN A. MENDEZ 16 UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28