(HC) Williams v. Lizarraga, No. 1:2018cv00748 - Document 21 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and DENYING Respondent's Motion to Dismiss Without Prejudice 13 , 20 , signed by District Judge Anthony W. Ishii on 3/11/2019: This matter is referred back to the Magistrate Judge for further proceedings. (Hellings, J)
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1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 LAWRENCE WILLIAMS, Petitioner, 7 ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DENYING RESPONDENT’S MOTION TO DISMISS WITHOUT PREJUDICE v. 8 9 Case No. 1:18-cv-00748-AWI-JDP (HC) JOE LIZARRAGA, 10 (Doc. Nos. 13, 20) Respondent. 11 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 12 pursuant to 28 U.S.C. § 2254. On January 24, 2019, the Magistrate Judge issued Findings and 13 Recommendation that the Court deny Respondent’s motion to dismiss without prejudice. To date, 14 no party has objected, and the deadline to do so has passed. 15 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 16 novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 17 Findings and Recommendation are supported by the record and proper analysis. 18 Accordingly, IT IS HEREBY ORDERED that: 19 1. The Findings and Recommendation issued on January 24, 2019 (ECF No. 20), are 20 ADOPTED IN FULL; 21 2. Respondent’s motion to dismiss (ECF No. 13) is DENIED without prejudice; and 3. This matter is referred back to the Magistrate Judge for further proceedings. 22 23 24 IT IS SO ORDERED. 25 26 Dated: March 11, 2019 SENIOR DISTRICT JUDGE 27 28 1
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