(HC) Marshall v. Small, No. 2:2010cv00565 - Document 20 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge John A. Mendez on 03/25/11 ADOPTING in full 19 FINDINGS AND RECOMMENDATIONS; DENYING 11 Motion to Dismiss ; DENYING as moot 13 Motion to Stay; Respondent is directed to file and serve an answer or a motion in response to p etitioners March 10, 2010 application within 60 days; response shall be accompanied by any and all transcripts or otherdocuments relevant to the determination of the issues presented in the application; Petitioners reply, if any, due within 30 days o f service of ananswer; If the response to petitioners application is a motion, petitioners opposition or statement of non-opposition shall be filed and served within 30 days of service of the motion, and respondents reply, if any, shall be filed within 14 days thereafter.(Williams, D)
Download PDF
<![CDATA[
(HC) Marshall v. Small Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUDOLPH MARSHALL, 11 Petitioner, 12 vs. 13 No. CIV S-10-0565 JAM EFB P LARRY SMALL, 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding without counsel, has filed an application for 17 a writ 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 February 11, 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 fourteen 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 11, 2011, are adopted in full; 3 2. Respondent’s June 8, 2010 motion to dismiss is denied; 4 3. Petitioner’s June 28, 2010 motion to stay is denied as moot; 5 4. Respondent is directed to file and serve an answer or a motion in response to 6 petitioner’s March 10, 2010 application within 60 days. See Rule 4, Fed. R. Governing § 2254 7 Cases. Respondent’s response shall be accompanied by any and all transcripts or other 8 documents relevant to the determination of the issues presented in the application. See Rules 4, 9 5, Fed. R. Governing § 2254 Cases; and 10 11 12 5. Petitioner’s reply, if any, must be filed within 30 days of service of an answer. 6. If the response to petitioner’s application is a motion, petitioner’s opposition or 13 statement of non-opposition shall be filed and served within 30 days of service of the motion, 14 and respondents’ reply, if any, shall be filed within 14 days thereafter. 15 DATED: March 25, 2011 16 17 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
