(HC) Humphrey v. Curry, No. 1:2006cv01064 - Document 24 (E.D. Cal. 2009)

Court Description: CORRECTED ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND REOPENING CASE signed by Judge Oliver W. Wanger on 2/11/09. (Coffman, Lisa)

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(HC) Humphrey v. Curry Doc. 24 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JULIUS D. HUMPHREY, SR., Petitioner, 10 CORRECTED ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RE MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS (DOC. 9, 16) AND REOPENING CASE. v. 11 12 1:06-CV-01064 OWW WMW HC B. CURRY, Respondent, 13 14 15 16 Petitioner is a state prisoner proceeding pro se with a 17 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 18 The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. On February 11, 2008, the Magistrate Judge filed findings 20 21 and recommendations, recommending that Respondent’s motion to 22 dismiss the petition be granted in part and denied in part. 23 16. 24 ordered to proceed on grounds 5 and 6 only. 25 all other claims was recommended on the ground that petitioner 26 failed to exhaust his administrative remedies. 27 28 Doc. Specifically, the Magistrate recommended that the case be Id. Dismissal of Id. The findings and recommendations were served on the parties and contained notice to the parties that any objections to the 1 Dockets.Justia.com 1 findings and recommendations were to be filed within thirty days. 2 No objections were filed. 3 On March 17, 2008, the district court issued an order 4 adopting the Magistrate’s findings and recommendations in full. 5 Doc. 17. 6 indicated that the petition should be dismissed in its entirety. 7 Id. 8 9 10 11 12 However, due to an administrative error, the order Accordingly, the district court issues the following corrected order: 1. The findings and recommendations issued by the Magistrate Judge on February 11, 2008 are adopted in full. 2. Respondent’s motion to dismiss the Petition for Writ of 13 Habeas Corpus is GRANTED IN PART AND DENIED IN PART. 14 This case shall proceed on grounds 5 and 6 only. 15 16 SO ORDERED 17 Dated: February 11, 2009 18 19 20 /s/ Oliver W. Wanger Oliver W. Wanger United States District Court 21 22 23 24 25 26 27 28 2

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