(HC) Casillas v. Secretary of Corrections, No. 1:2017cv00511 - Document 53 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 45 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DENYING 40 Respondent's Motion to Dismiss; and ORDER Directing Respondent to File an Answer to the Petition Within Sixty (60) Days signed by Chief Judge Lawrence J. O'Neill on 12/11/2018. (Jessen, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR CASILLAS, 12 13 14 No. 1:17-00511-LJO-SKO Petitioner, v. SECRETARY OF CORRECTIONS, 15 Respondent. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY RESPONDENT’S MOTION TO DISMISS (Docs. 40, 45) 16 17 Petitioner Omar Casillas is a state prisoner proceeding with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The Court referred the matter to the Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. 20 On August 16, 2018, the Magistrate Judge filed findings and recommendations in which 21 she recommended that the Court deny Respondent’s motion to dismiss the petition. The findings 22 and recommendations, which were served on all parties, provided that objections could be served 23 within thirty days. 24 On October 9, 2018, Respondent filed objections. In accordance with the provisions of 28 25 U.S.C. § 636(b)(1)(C), having carefully reviewed the entire file de novo and considered 26 Respondent's objections, the Court concludes that the findings and recommendations are supported 27 by the record and proper analysis. 28 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 16, 2018, be adopted in full (Doc. 45); 3 2. Respondent’s motion to dismiss (Doc. 40) is denied; 4 3. Respondent is ordered to file an answer to the petition within 60 days of this Order. 5 6 7 8 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 11, 2018 UNITED STATES CHIEF DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2