Martel

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 ROBERT EDWARD MAURY, No. 2:12-cv-1043 WBS DB 13 Plaintiff, DEATH PENALTY CASE 14 v. 15 RONALD DAVIS, ORDER 16 Defendant. 17 18 ----oo0oo---- 19 Petitioner is a condemned state prisoner proceeding 20 through counsel with a petition for writ of habeas corpus under 21 28 U.S.C. § 2254. The matter was referred to a United States 22 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 23 Rule 302. 24 On August 28, 2020, the Magistrate Judge filed findings 25 and recommendations herein which were served on all parties and 26 which contained notice to all parties that any objections to the 27 findings and recommendations were to be filed within thirty days. 28 1 Respondent filed objections to the findings and recommendations. 2 Specifically, respondent argues that petitioner’s 3 motion for equitable tolling is premature under Smith v. Davis, 4 953 F.3d 582 (9th…