(HC) Lujan v. Yates, No. 2:2006cv00923 - Document 43 (E.D. Cal. 2010)
Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 3/1/2010 ORDERING 41 FINDINGS AND RECOMMENDATIONS are ADOPTED in full and denying 33 Motion to Dismiss; Petitioner may file a reply to respondent's 2/11/2010 answer w/i 30 days of the date of this order. (Waggoner, D)
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(HC) Lujan v. Yates Doc. 43 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL V. LUJAN, 11 Petitioner, 12 13 No. CIV S-06-0923 LKK EFB P vs. WARDEN JAMES YATES, 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On December 17, 2009, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed December 17, 2009, are adopted in full; 3 2. Respondent’s March 19, 2009 motion to dismiss is denied; 4 3. If petitioner wishes to file a reply to respondent’s February 11, 2010 answer, he 5 must do so within 30 days of the date of this order. 6 DATED: March 1, 2010. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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