(HC) Hoover v. Haviland, No. 2:2009cv01917 - Document 20 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Morrison C. England, Jr. on 2/10/11 ADOPTING 19 Findings and Recommendations in full. Resp's 15 Motion to Dismiss is DENIED. Within 30 days, Resp shall file an answer to the petition for writ of habeas corpus. (Zignago, K.)
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(HC) Hoover v. Haviland Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CROSSAN D. HOOVER, JR., 12 No. 2:09-cv-01917-MCE-DAD P Petitioner, 13 vs. 14 J.W. HAVILAND, 15 ORDER Respondent. 16 17 / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 27, 2010, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty-one days. Neither 23 party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed December 27, 2010, are adopted in full; 3 2. Respondent’s June 1, 2010 motion to dismiss (Doc. No. 15) is denied; and 4 3. Within thirty days from the service of this order, respondent shall file an 5 6 7 answer to the petition for writ of habeas corpus. IT IS SO ORDERED. Dated: February 10, 2011 8 9 10 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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