(HC) Watkins v. Knowles et al, No. 2:2009cv00363 - Document 17 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 2/3/2010 ORDERING that the 14 findings and recommendations filed December 11, 2009, are ADOPTED in full. Respondent's 12 April 21, 2009 motion to dismiss is DENIED. Respondent is directed to file an answer to the petition within sixty days. (Duong, D)

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(HC) Watkins v. Knowles et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NOEL KEITH WATKINS, Petitioner, 11 vs. 12 13 No. CIV S-09-0363 WBS DAD P MIKE KNOWLES, Warden, Respondent. 14 ORDER / 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 11, 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 2 1. The findings and recommendations filed December 11, 2009, are adopted in full; 3 2. Respondent’s April 21, 2009 motion to dismiss (Doc. No. 12) is denied; and 4 3. Respondent is directed to file an answer to the petition within sixty days. 5 DATED: February 3, 2010 6 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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