Cates

(HC) Walker v. Cates

Good Law
United States District Court, Eastern District of CaliforniaMay 23, 20221:21-cv-01412California326 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DOUGLAS WALKER, ) Case No.: 1:21-cv-01412-JLT-BAK (SAB) ) Petitioner, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS v. ) ) (Doc. 15) BRIAN CATES, Warden, ) Respondent. ) ) )

Petitioner filed a petition for writ of habeas corpus in this Court on September 23, 2021. (Doc. 1.) On October 18, 2021, Petitioner filed a motion for a stay and abeyance of the proceedings pursuant to Rhines v. Weber, 544 U.S. 269 (2005). (Doc. 7.) The assigned magistrate judge issued findings and recommendations to deny petitioner’s motion for a stay and to dismiss grounds one, three, and four from the petition. (Doc. 15.) These findings and recommendations notified the parties that any objections were to be filed within 21 days from the date of service of that order. Petitioner filed objections on February 25, 2022. (Doc. 16.) According to 28 U.S.C. § 636 (b)(1)(C), the court has conducted a de novo review…

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