Opinion
No. CIV S-05-1167-LKK-CMK-P.
February 7, 2006
FINDINGS AND RECOMMENDATIONS
Petitioner, a state prisoner proceeding with counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's motion for an order to stay these proceedings and hold consideration of petitioner's claims in abeyance pending exhaustion of state court remedies ("stay-and-abeyance order") (Doc. 6). Respondent has filed a statement of non-opposition to the request.
Based on the foregoing, the undersigned recommends that:
1. Petitioner's unopposed motion for a stay-and-abeyance order be granted;
2. These proceedings be stayed pending further order of the court; and
3. Petitioner be required to submit a motion to lift the stay within 30 days after disposition by the state court.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within ten days after being served with these findings and recommendations, any party may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order.Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).