1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MYRON DAILEY, No. 2:24-cv-02249-TLN-SCR 12 Petitioner, 13 v. ORDER 14 STEVEN SMITH, 15 Respondent. 16 17 Petitioner Myron Dailey (“Petitioner”), a state prisoner proceeding pro se, filed this 18 application for a writ of habeas corpus pursuant to

. The matter was referred to 19 a United States Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 20 On August 21, 2025, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. Respondent filed 23 objections to the findings and recommendations. (ECF No. 20.) Petitioner filed a motion for an 24 extension of time to reply to Respondent’s objections (ECF No. 21), and on the same day, filed a 25 reply to Respondent’s objections (ECF No. 22). 26 In accordance with the provisions of

(b)(1)(C) and Local Rule 304, this 27 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 Court finds the findings and recommendations to be supported by the record and by proper 1 analysis. See Estrada v. Biter, Case No. 1:14-cv-00679-AWI-GSA (HC),

*3 2 | (E.D. Cal. Nov. 20, 2014) (recommending that the motion for a Rhines stay be denied as moot 3 | and be considered on the merits based on recent denial of state habeas relief by the California 4 | Supreme Court), adopted by

(Feb. 20, 2015). 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations (ECF No. 19) are adopted in full; 7 2. Respondent’s motion to dismiss (ECF No. 9) based on petitioner’s failure to exhaust 8 || his state court remedies is denied as moot; 9 3. Petitioner’s motion for a stay and abeyance of these proceedings (ECF No. 16) is 10 | denied as moot based on the California Supreme Court’s recent denial of petitioner’s state habeas 11 | corpus petition; 12 4. Petitioner’s motion for an extension of time (ECF No. 21) is denied as moot; and 13 5. This matter is referred back to the magistrate judge for further proceedings. 14 IT IS SO ORDERED. 15 Date: September 25, 2025 16

8 TROY L. NUNLEY 19 CHIEF UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28