Martel

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 ROBERT EDWARD MAURY, No. 2:12-cv-1043 WBS DB Plaintiff, DEATH PENALTY CASE v. RONALD DAVIS, ORDER Defendant. 17 ----oo0oo---- Petitioner is a condemned state prisoner proceeding through counsel with a petition for writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 28, 2020, the Magistrate Judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within thirty days. 28 Respondent filed objections to the findings and recommendations. Specifically, respondent argues that petitioner’s motion for equitable tolling is premature under Smith v. Davis, 953 F.3d 582 (9th…