IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 18, 2012
DANNY RAY HORNING, PETITIONER,
MICHAEL MARTEL, RESPONDENT.
The opinion of the court was delivered by: John A. Mendez United States District Judge
DEATH PENALTY CASE
On November 28, 2011, 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 twenty days. Neither party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed November 28, 2011, are adopted in full; and
2. Petitioner's motion to stay this federal proceeding pending exhaustion of new claims in state court (docket #29) is granted.
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