(HC) Hernandez v. Baughman et al, No. 1:2018cv01271 - Document 17 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 11 Respondent's Motion to Dismiss; and ORDER Directing Petitioner to Amend the Petition or Request Dismissal Within Ten (10) Court Days signed by Chief Judge Lawrence J. O'Neill on 2/21/2019. (Jessen, A)
Download PDF
<![CDATA[
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS HERNANDEZ, 12 Petitioner, 13 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 16) ORDER GRANTING RESPONDENT’S MOTION TO DISMISS (Doc. No. 11) v. 15 16 No. 1:18-cv-01271-LJO-JLT (HC) DAVID BAUGHMAN, Warden, ORDER DIRECTING PETITIONER TO AMEND THE PETITION OR REQUEST DISMISSAL OF PETITION Respondent. 17 [TEN DAY DEADLINE] 18 19 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant 20 to 28 U.S.C. § 2254. On January 16, 2019, the Magistrate Judge assigned to the case issued 21 Findings and Recommendation to grant Respondent’s motion to dismiss for failure to exhaust 22 state remedies. (Doc. Nos. 11, 16.) This Findings and Recommendation was served upon all 23 parties and contained notice that any objections were to be filed within twenty-one days from the 24 date of service of that order. To date, no party has filed objections. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a 26 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 27 the Magistrate Judge’s Findings and Recommendation is supported by the record and proper 28 analysis. 1 1 Accordingly, the Court orders as follows: 2 1. 3 The Findings and Recommendations, filed January 16, 2019 (Doc. No. 16), is ADOPTED IN FULL; 4 2. Respondent’s motion to dismiss (Doc. No. 11) is GRANTED; and 5 3. Petitioner is DIRECTED to amend the petition to delete the unexhausted claim or 6 request dismissal of the petition without prejudice within ten court days of the date of service of 7 this Order. 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ February 21, 2019 UNITED STATES CHIEF DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
