(HC) Ricardo v. Martel, No. 2:2008cv02342 - Document 21 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 03/01/10 ordering the findings and recommendations filed 12/21/09 18 are adopted in full. Petitioner's 05/05/09 motion to stay 14 is denied. Respondent's 06/14/09 motion to dismiss 15 is denied. Respondent is directed to file and serve an answer, and not a motion, responding to the application within 60 days from the date of this order. Petitioner is directed that his reply, if any, shall be filed and serve within 30 days of service of an answer. (Plummer, M)
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(HC) Ricardo v. Martel Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT D. RICARDO, 11 Petitioner, No. CIV S-08-2342 FCD EFB P Respondent. ORDER 12 13 vs. M. MARTEL, 14 / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 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 General Order No. 262. On December 21, 2009, the magistrate judge filed findings and recommendations 19 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. 22 Neither party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 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. The findings and recommendations filed December 21, 2009, are adopted in 1 2 full; 3 2. Petitioner’s May 5, 2009 motion to stay is denied; 4 3. Respondent’s June 14, 2009 motion to dismiss is denied; 5 4. Respondent is directed to file and serve an answer, and not a motion, 6 responding to the application within 60 days from the date of this order, see Rule 4, Rules 7 Governing Section 2254 Cases, and the answer shall be accompanied by any and all transcripts 8 or other documents relevant to the determination of the issues presented in the application, see 9 Rule 5, Rules Governing Section 2254 Cases; and 10 5. Petitioner is directed that his reply, if any, shall be filed and served within 30 11 days of service of an answer. 12 DATED: March 1, 2010. 13 14 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2
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