(HC) Lund v. Locatelli ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC CURTIS LUND, No. 2:21-cv-01831 KJM DB P 12 Petitioner, 13 v. ORDER 14 IZEN LOCATELLI, et al., 15 Respondent. 16 17 Petitioner, a former state prisoner on postrelease community supervision proceeding pro 18 se, has filed an application for a writ of habeas corpus under 28 U.S.C. § 2254. The matter was 19 referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local 20 Rule 302. 21 On August 16, 2022, the magistrate judge filed findings and recommendations, which 22 were served on all parties and contained notice to all parties that any objections to the findings 23 and recommendations were to be filed within fourteen days. ECF No. 22. Fourteen days have 24 passed and neither party has filed objections to the findings and recommendations. 25 The court presumes any findings of fact are correct. See Orand v. United States, 602 F.2d 26 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See 27 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 28 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 1 | Having reviewed the file, the court finds the findings and recommendations to be supported by 2 || the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 16, 2022 (ECF No. 22), are adopted in 5 | full; 6 2. Petitioner’s motion for stay and abeyance is granted; 7 3. This case is stayed pending resolution of the related state proceeding and until further 8 || order of the court; 9 4. Petitioner is required to file a status report every sixty (60) days after this order issues 10 || informing the court of the status of his state habeas proceedings; 11 5. Petitioner is required to file a motion to lift the stay within thirty (30) days of final 12 || action by the state courts; and 13 6. This matter is referred back to the assigned magistrate judge for all further 14 || proceedings. 15 | DATED: March 31, 2023. 16 17 13 CHIEF ED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28