Opinion
2:20-cv-2137 KJM AC P
01-12-2023
ANDREY YUSHCHUK, Petitioner, v. ROBERT NEUSCHMID, Respondent.
ORDER
Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 4, 2022, the magistrate judge filed findings and recommendations, 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 fourteen days. ECF No. 23. Petitioner was granted an extension of time to file objections to the findings and recommendations, which he has now done. ECF No. 26.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis. The court writes separately to add that by this action petitioner challenges a conviction he suffered in 2016 for second degree murder and misdemeanor driving under the influence of alcohol and with a blood alcohol level at or above .08. ECF No. 1 at 1. The events giving rise to petitioner's conviction occurred on November 14, 2012. Id. at 7. As the magistrate judge correctly found, petitioner has made no showing that he has been diligent in pursuing the evidence he now seeks to develop and present to the state courts during a stay of this action.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed April 4, 2022 (ECF No. 23), are adopted in full;
2. Petitioner's motion to stay (ECF No. 19) is denied; and
3. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings.