(HC) Martin v. Pogue, No. 1:2021cv01622 - Document 40 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 36 Findings and Recommendations and Denying as Moot 21 Warden Pfeiffer's Motion to Dismiss and for More Definite Statement signed by District Judge Ana de Alba on 9/14/2022. (Lawrence, 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 JARED ANDREW MARTIN, 12 13 14 15 Petitioner, v. No. 1:21-cv-01622-ADA-SAB-HC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION TO DISMISS AND FOR MORE DEFINITE STATEMENT TYSON J. POGUE, (Doc. Nos. 21, 36) Respondent. 16 17 Petitioner Jared Andrew Martin is proceeding pro se and in forma pauperis with a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 24, 2022, the assigned magistrate judge issued findings and recommendations 21 that recommended denying the motion to dismiss and for more definite statement as moot 22 because the motion targeted the first amended petition, which was no longer in effect. (Doc. No. 23 36.) The findings and recommendations were served on the parties and contained notice that any 24 objections were to be filed within fourteen (14) days of the date of service of the findings and 25 recommendations. To date, no objections have been filed, and the time for doing so has passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 27 de novo review of the case. Having carefully reviewed the entire file, the court holds the findings 28 and recommendations to be supported by the record and proper analysis. 1 1 Accordingly, 2 1. The findings and recommendations issued on May 24, 2022, (Doc. No. 36) are 3 4 adopted in full; 2. Warden Pfeiffer’s motion to dismiss and for more definite statement (Doc. No. 21) is 5 6 denied as moot; and 3. The matter is referred back to the assigned magistrate judge for further proceedings. 7 8 9 10 IT IS SO ORDERED. Dated: September 14, 2022 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2