(HC) (DP) Hines v. Ylst, No. 2:1998cv00784 - Document 338 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Troy L. Nunley on 2/20/2018 ADOPTING in FULL 331 Findings and Recommendations; DENYING 264 Motion to Expand Record; Respondent is DIRECTED to file a motion for summary judgment on all remaining issues according to a briefing schedule set by the court. The matter is REFERRED back to the magistrate judge for further proceedings. (Washington, S)

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(HC) (DP) Hines v. Ylst Doc. 338 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY DALE HINES, 12 13 14 No. 2:98-cv-0784-TLN-EFB DP Petitioner, v. ORDER RONALD DAVIS, 15 Respondent. 16 17 Plaintiff is a state death-row prisoner seeking a writ of habeas corpus under 28 U.S.C. 18 § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 19 § 636(b)(1)(B) and Local Rule 302. 20 On July 28, 2017, the magistrate judge filed findings and recommendations herein, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 331.) Neither 23 party has filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed July 28, 2017, are adopted in full; 28 2. Petitioner’s motion to expand the record (ECF No. 264) is denied without prejudice; 1 Dockets.Justia.com 1 2 3. Respondent will be directed to file a motion for summary judgment on all remaining issues according to a briefing schedule set by the Court; and 3 4. The matter is referred back to the magistrate judge for further proceedings, including 4 setting a status conference or a briefing schedule on a motion for summary judgment. 5 6 Dated: February 20, 2018 7 8 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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