(HC) Aroz v. Covello ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX AROZ, No. 2:21-cv-01934-TLN-KJN 12 Petitioner, 13 v. ORDER 14 PATRICK COVELLO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, 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 December 27, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on Petitioner and which contained notice to Petitioner that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 16.) On 23 January 21, 2022, Petitioner was re-served with a copy to his current address. Petitioner did not 24 file objections to the findings and recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 28 the file, the Court finds the findings and recommendations to be supported by the record and by 1 | the magistrate judge’s analysis. Thus, Petitioner’s motions for stay are granted. 2 However, on June 13, 2022, Petitioner filed a notice that his state habeas petition was 3 | denied by the California Supreme Court on June 1, 2022. (ECF No. 19.) Therefore, this action 4 | was stayed from October 21, 2021, through June 13, 2022, the date Petitioner filed his notice. 5 || The case is remanded to the magistrate judge for further proceedings. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendations filed December 27, 2021, (ECF No. 16), are 8 | adopted in full; 9 2. Petitioner’s Motions for Stay, (ECF No 1, 3), are GRANTED; 10 3. This action was administratively stayed from October 21, 2021, through June 13, 2022; 11 | and 12 4. This action is remanded to the magistrate judge for further proceedings. 13 | DATED: July 18, 2022 14 /) 5 f | 16 wn Vo MM 17 Troy L. Nuhlep ] United States District Judge 18 19 20 21 22 23 24 25 26 27 28