(HC) Munguia v. Robertson, No. 1:2018cv00743 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING 12 Motion to Dismiss ; ORDER allowing Petitioner to proceed with exhausted claims; ORDER REFERRING this matter back to Magistrate Judge for further proceedings, signed by District Judge Anthony W. Ishii on 11/5/18. (Martin-Gill, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE LUIS MUNGUIA, 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATION, GRANTING RESPONDENT’S MOTION TO DISMISS, AND ALLOWING PETITIONER TO PROCEED WITH EXHAUSTED CLAIMS v. 13 14 Case No. 1:18-cv-00743-AWI-SAB-HC JIM ROBERTSON, 15 Respondent. (ECF Nos. 12, 16) 16 17 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 18 U.S.C. § 2254. On August 31, 2018, the Magistrate Judge issued Findings and Recommendation 19 that recommended granting the motion to dismiss and allowing Petitioner to proceed with the 20 fully exhausted first amended petition. (ECF No. 16). This Findings and Recommendation was 21 served on Petitioner and contained notice that any objections were to be filed within thirty (30) 22 days of the date of service of that order. To date, Petitioner has filed no objections, and the time 23 for doing so has passed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 25 a de novo review of the matter. Having carefully reviewed the entire file, the Court concludes 26 that the Findings and Recommendation is supported by the record and proper analysis. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation issued on August 31, 2018 (ECF No. 16) is 3 ADOPTED IN FULL; 4 2. Respondent’s motion to dismiss the petition (ECF No. 12) is GRANTED; 5 3. Petitioner is allowed to proceed with the fully exhausted first amended petition; and 6 4. The matter is referred back to the Magistrate Judge for further proceedings. 7 8 IT IS SO ORDERED. 9 Dated: November 5, 2018 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2