(HC) Ouellette v. Dickinson, No. 2:2010cv01862 - Document 18 (E.D. Cal. 2011)

Court Description: ORDER adopting 13 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 1/27/11: Respondent's August 27, 2010 motion to dismiss is denied. Respondent shall file, within thirty days from the date of this order, an answer to the petition. Petitioner's traverse, if any, is due on or before thirty days from the date respondent's answer is filed. (Kaminski, H)

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(HC) Ouellette v. Dickinson Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK ALLEN OUELLETTE, 11 Petitioner, 12 No. 2:10-cv-1862 JAM JFM (HC) vs. 13 KATHLEEN DICKINSON, 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding through 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 November 17, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on all parties to this action and which contained notice 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 November 17, 2010, are adopted in full; and 3 2. Respondent’s August 27, 2010 motion to dismiss is denied; 4 3. Respondent shall file, within thirty days from the date of this order, an answer 5 to the petition and any and all transcripts or other documents relevant to the determination of the 6 cognizable issues presented in the petition; and 7 4. Petitioner’s traverse, if any, is due on or before thirty days from the date 8 respondent’s answer is filed. 9 DATED: January 27, 2011 10 11 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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