(HC) Slaven v. C. Pfeiffer, No. 1:2020cv00606 - Document 20 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 18 Findings and Recommendations; ORDER DENYING 15 Respondent's Motion to Dismiss; and ORDER Directing Petitioner to File an Amended Petition Within Thirty (30) days signed by District Judge Anthony W. Ishii on 12/28/2020. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEONARD A. SLAVEN, 12 13 Petitioner, v. C. PFEIFFER, Warden, Respondent. 16 17 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 18) ORDER DENYING RESPONDENT’S MOTION TO DISMISS (Doc. No. 15) 14 15 No. 1:20-cv-00606-AWI-JLT (HC) Petitioner is a state prisoner proceeding in propria persona with a petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. On November 16, 2020, the magistrate judge 19 assigned to this case issued Findings and Recommendations denying Respondent’s motion to 20 dismiss and directing Petitioner to file an amended petition related only to his claim for 21 ineffective assistance of counsel and to demonstrate exhaustion, and that all other claims be 22 dismissed. Doc. No. 18. This Findings and Recommendations were served upon all parties and 23 contained notice that any objections were to be filed within twenty-one days from the date of 24 service of that order. Id. at 4. 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 Recommendations are supported by the record and proper 28 analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The Findings and Recommendations that were issued on November 16, 2020 (Doc. No. 18), are ADOPTED in full; 4 2. Respondent’s motion to dismiss (Doc. No. 15) is DENIED; 5 3. Within thirty days, Petitioner shall FILE an amended petition related only to his 6 7 8 claim for ineffective assistance of counsel and demonstrate exhaustion; and 4. All of Petitioner’s claims except for his claim for ineffective assistance of counsel are DISMISSED. 9 10 11 IT IS SO ORDERED. Dated: December 28, 2020 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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