(HC) Ontiveros v. Subia, No. 2:2007cv01441 - Document 46 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge John A. Mendez on 3/25/2011 FINDINGS AND RECOMMENDATIONS 45 are ADOPTED in FULL; and Respondent's 7 Motion to Dismiss is DENIED. (Reader, L)
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(HC) Ontiveros v. Subia Doc. 46 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ED ONTIVEROS, 11 Petitioner, 12 13 No. CIV S-07-1441 JAM DAD P vs. R.J. SUBIA, Warden, 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 February 8, 2011, 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 February 8, 2011, are adopted in full; and 3 2. Respondent’s April 2, 2008 motion to dismiss for failure to exhaust (Doc. No. 4 7) is denied 5 DATED: March 25, 2011 6 7 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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