(HC) Wade v. Harley, No. 1:2010cv00566 - Document 13 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 10 Respondent's Motion to Dismiss the Petition; and ORDER DIRECTING RESPONDENT to File an Answer to the Petition Within Forty-Five Days From the Date of Service of this Order, signed by Chief Judge Anthony W. Ishii on 11/17/2010. (Jessen, A)
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(HC) Wade v. Harley Doc. 13 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 TOBY WADE, 10 1:10-cv-00566-AWI-DLB (HC) Petitioner, 11 ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING RESPONDENT’S MOTION TO DISMISS THE PETITION, AND DIRECTING RESPONDENT TO FILE AN ANSWER TO THE PETITION WITHIN FORTY-FIVE DAYS FROM THE DATE OF SERVICE OF THIS ORDER v. 12 J. HARLEY, 13 Respondent. 14 / [Doc. 12] 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 On July 23, 2010, the Magistrate Judge issued Findings and Recommendation that the 18 Motion to Dismiss be DENIED. This Findings and Recommendation was served on all parties 19 and contained notice that any objections were to be filed within thirty (30) days of the date of 20 service of the order. Over thirty (30) days have passed and no party has filed objections. 21 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 22 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 23 Findings and Recommendation is supported by the record and proper analysis. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Findings and Recommendation issued July 23, 2010, is ADOPTED IN 26 FULL; 27 /// 28 1 Dockets.Justia.com 1 2. The Motion to Dismiss is DENIED; and 2 3. Respondent is directed to file an answer to the petition within forty-five (45) days 3 from the date of service of this order. 4 5 IT IS SO ORDERED. 6 7 Dated: 0m8i78 November 17, 2010 CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2