(HC) Gray v. Hartley, No. 1:2008cv00717 - Document 21 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS IN FULL, DENYING 15 Respondent's Motion to Dismiss, and DIRECTING Respondent to File a Response to the Petition Within Sixty (60) Days, signed by Chief Judge Anthony W. Ishii on 9/21/2009. Response to Petition due by 11/23/2009. (Jessen, A)

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(HC) Gray v. Hartley Doc. 21 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ) ) Petitioner, ) v. ) ) J.D. HARTLEY, Warden, ) ) Respondent. ) ) ____________________________________) RANDALL C. GRAY, 11 12 13 14 15 1:08-CV–0717 AWI BAK GSA HC ORDER ADOPTING FINDINGS AND RECOMMENDATION ORDER DENYING RESPONDENT’S MOTION TO DISMISS (Document #15) 16 17 Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 18 U.S.C. § 2254 . The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 20 On July 23, 2009, the Magistrate Judge filed a Findings and Recommendation that 21 recommended Respondent’s motion to dismiss be denied. The Findings and Recommendation 22 were served on the parties and contained notice to the parties that any objections to the Findings 23 and Recommendations were to be filed within thirty days. 24 No party has filed objections. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) this court has conducted a 26 de novo review of this case. Having carefully reviewed the entire file, the court finds the 27 Findings and Recommendations to be supported by the record and by proper analysis. 28 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation issued July 23, 2009, is ADOPTED IN FULL; 3 4 2. Respondent’s motion to dismiss is DENIED (document #15); and 5 3. Respondent is DIRECTED to file an answer to the petition for writ of habeas corpus within sixty (60) days. 6 7 8 IT IS SO ORDERED. 9 Dated: 0m8i78 September 21, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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