(HC)Smith v. Clark ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAWRENCE CHRISTOPHER SMITH, Case No. 1:21-cv-01554-JLT-EPG-HC 12 Petitioner, ORDER DENYING PETITIONER’S MOTION TO STAY AS MOOT AND 13 v. GRANTING PETITIONER EXTENSION OF TIME TO FILE OBJECTIONS TO THE 14 KEN CLARK, FINDINGS AND RECOMMENDATION 15 Respondent. (ECF No. 56) 16 17 Petitioner Lawrence Christopher Smith is a state prisoner proceeding pro se with a 18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 19 On November 27, 2023, the undersigned issued findings and recommendation 20 recommending denial of the petition. (ECF No. 55.) On December 18, 2023, Petitioner filed the 21 instant motion to stay the proceedings while his petition for writ of mandamus is pending before 22 the Supreme Court. (ECF No. 56.) On January 8, 2024, the Supreme Court denied the petition. In 23 re Lawrence Smith, No. 23-5850, 2024 WL 72412 (U.S. Jan. 8, 2024).1 24 /// 25 /// 26 1 The Court “may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue.” U.S. ex rel. Robinson Rancheria 27 Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992) (internal quotation marks and citation omitted)). See also Reyn’s Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 n.6 (9th Cir. 2006) 1 Accordingly, the Court HEREBY ORDERS that: 2 1. Petitioner’s motion to stay (ECF No. 56) is DENIED as moot; and 3 2. Within THIRTY (30) days from the date of service of this order Petitioner may file 4 objections to the findings and recommendation. 5 6 IT IS SO ORDERED. 7) Dated: _ January 29, 2024 [Je hey 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28