(HC) Carr, Jr. v. Cate, No. 2:2010cv01778 - Document 23 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 7/19/11 ADOPTING 21 FINDINGS AND RECOMMENDATIONS in full; DENYING 10 Motion to Stay. Respondent is DIRECTED to answer the petition within 30 days from the dateof any order by the district court ado pting these findings and recommendations, see Rule 4, Rules Governing Section 2254 Cases, and to include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application. Rule 5, Rules Governing Section 2254 Cases; and Petitioners traverse, if any, is due on or before 30 days from the date respondents answer is filed. (Meuleman, A)
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(HC) Carr, Jr. v. Cate Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES H. CARR, JR., 12 Petitioner, 13 14 No. 2:10-cv-1778 MCE JFM (HC) vs. ORDER MATTHEW CATE, 15 Respondent. 16 / 17 Petitioner is a state prisoner proceeding through counsel with 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 June 6, 2011, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Respondent has filed 23 objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 Court has conducted a de novo review of this case. 26 /// 1 Dockets.Justia.com 1 Having carefully reviewed the entire file, the court finds the findings and recommendations to be 2 supported by the record and by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 6, 2011 (ECF No. 21), are ADOPTED 5 in full; 6 2. Respondent’s September 21, 2010 motion for stay (ECF no. 10) is DENIED; 7 3. Respondent is directed to answer the petition within thirty days from the date 8 of any order by the district court adopting these findings and recommendations, see Rule 4, Rules 9 Governing Section 2254 Cases, and to include with the answer any and all transcripts or other 10 documents relevant to the determination of the issues presented in the application. Rule 5, Rules 11 Governing Section 2254 Cases; and 12 13 14 4. Petitioner’s traverse, if any, is due on or before thirty days from the date respondent’s answer is filed. Dated: July 19, 2011 15 16 17 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 2
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