(HC) (DP) Espinoza v. Ornoski ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO ESPINOZA, No. 2:94-cv-1665 KJM DB P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 WARDEN, CALIF. STATE PRISON, SAN QUENTIN, 15 Respondent. 16 17 18 Petitioner is a state prisoner proceeding with a petition for a writ of habeas corpus under 19 28 U.S.C. § 2254. On November 9, 2018, the court stayed this case pending the resolution of 20 petitioner’s state court exhaustion petition. (ECF No. 289.) Petitioner has informed the court that 21 on May 19, 2022, the state court issued a final decision on the exhaustion petition. (See ECF 22 Nos. 292, 296.) 23 Accordingly, IT IS HEREBY RECOMMENDED that the stay of these proceedings be 24 lifted. 25 These findings and recommendations will be submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. The document should be captioned 1 | “Objections to Magistrate Judge's Findings and Recommendations.” Any response to the 2 | objections shall be filed and served within seven days after service of the objections. The parties 3 | are advised that failure to file objections within the specified time may result in waiver of the 4 | right to appeal the district court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 5 | Dated: October 31, 2022 g ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 | DLB:9 DB Prisoner Inbox/capital/R/espinoza.re open fr 23 24 25 26 27 28