(HC) Clark v. Sisto, No. 2:2009cv03057 - Document 19 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 5/10/10 ADOPTING 17 Findings and Recommendations in full and DENYING 13 Motion to Dismiss. Respondent is ORDERED to file an answer to the petition within 60 days.(Donati, J)
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(HC) Clark v. Sisto Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CAMERON CLARK, Petitioner, 11 12 13 14 vs. D. K. SISTO, et al., Respondents. ORDER / 15 16 No. CIV S-09-3057 FCD GGH P Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 of 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 March 12, 2010, 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. 22 Respondent has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 12, 2010, are adopted in full; 3 4 and 2. Respondent’s January 15, 2010, motion to dismiss (Docket No. 13) is denied 5 and respondent is ordered to file an answer to the petition within 60 days. 6 DATED: May 10, 2010. 7 8 9 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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