(HC) Moreno v. Allison ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JESSE MORENO, Case No. 1:22-cv-00851-JLT-EPG-HC 12 Petitioner, ORDER GRANTING PETITIONER ADDITIONAL TIME TO FILE 13 v. OBJECTIONS TO FINDINGS AND RECOMMENDATION 14 KATHLEEN ALLISON, 15 Respondent. 16 17 Petitioner Jesse Moreno is a state prisoner proceeding pro se in a habeas corpus action 18 pursuant to 28 U.S.C. § 2254. 19 On June 21, 2022, Petitioner filed the instant petition for writ of habeas corpus. (ECF No. 20 1.) On July 12, 2022, the Court ordered Petitioner to show cause why the petition should not be 21 dismissed as unexhausted. (ECF No. 9.) Thereafter, Petitioner filed a motion to disqualify the 22 undersigned, which was denied.1 (ECF Nos. 12, 13.) On August 1, 2022, Petitioner moved to 23 stay the proceedings pursuant to Rhines v. Weber, 544 U.S. 269 (2005), while Petitioner 24 exhausts his remedies in state court. (ECF No. 14.) On August 26, 2022, the undersigned issued 25 findings and recommendation to deny the motion to stay and dismiss the petition without 26 prejudice for failure to exhaust state court remedies. (ECF No. 19.) The findings and 27 1 Petitioner appealed the denial of his motion to disqualify. (ECF No. 15.) On August 17, 2022, the Ninth Circuit 1 | recommendation was served on Petitioner and contained notice that any objections were to be 2 | filed within thirty (30) days of the date of service of the findings and recommendation. In lieu of 3 | filing objections, Petitioner filed a notice of appeal on September 6, 2022. (ECF No. 20.) On 4 | September 26, 2022, the appeal was dismissed for lack of jurisdiction, and the mandate issued on 5 | October 17, 2022. (ECF Nos. 24, 25.) 6 In the interest of justice, the Court will grant Petitioner additional time to file any 7 | objections to the findings and recommendation. Within THIRTY (30) days after service of this 8 | order, Petitioner may file written objections with the Court. Such a document should be 9 | captioned “Objections to Magistrate Judge’s Findings and Recommendation.” The assigned 10 | United States District Court Judge will then review the Magistrate Judge’s ruling pursuant to 28 11 | U.S.C. § 636(b)(1)(C). 12 B IT IS SO ORDERED. Dated: _ October 18, 2022 [Jee Fey — 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28