-EFB (HC) McNeely v. Blanas, et al, No. 2:2000cv01358 - Document 145 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 5/2/11 ORDERING the findings and recommendations filed February 2, 2011, are adopted in full; Petitioner's motion for an order to show cause and a declaration of contempt, Dckt. No. 140, is denied; and Petitioner's motion for recusal, Dckt. No. 142, is denied.(Matson, R)
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-EFB (HC) McNeely v. Blanas, et al Doc. 145 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOCK McNEELY, 11 12 13 Petitioner, No. CIV S-00-1358 JAM EFB P vs. LOU BLANAS, 14 Respondent. 15 ORDER / 16 Dock McNeely, whose habeas case concluded in 2003 following an order from 17 the Ninth Circuit that the writ be granted and that petitioner be released from custody, now seeks 18 an order holding respondent in contempt. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 2, 2011, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within fourteen days. Neither 23 party has filed objections to the findings and recommendations.1 24 25 26 1 Although it appears from the file that petitioner’s copy of the findings and recommendations was returned, petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local 1 Dockets.Justia.com 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 1. The findings and recommendations filed February 2, 2011, are adopted in full; 5 2. Petitioner’s motion for an order to show cause and a declaration of contempt, 6 7 8 Dckt. No. 140, is denied; and 3. Petitioner’s motion for recusal of the undersigned, Dckt. No. 142, is denied. DATED: May 2, 2011 9 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Rule 182(f), service of documents at the record address of the party is fully effective. 2