(HC) Burnett v. Castro, et al, No. 2:2001cv00481 - Document 114 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge John A. Mendez on 2/13/09 ADOPTING in FULL 112 FINDINGS and RECOMMENDATIONS. Respondent's 106 3/24/08 motion to dismiss is DENIED. Respondent shall file an answer to petitioner's habeas petition within 60 days.(Kastilahn, A)

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(HC) Burnett v. Castro, et al Doc. 114 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS BURNETT, 11 Petitioner, 12 13 No. CIV S-01-0481 JAM DAD P vs. KEN CLARK, Warden, 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding through appointed counsel, has filed this 17 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to 18 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order 19 No. 262. 20 On October 15, 2008, 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 twenty days. Respondent 23 has filed objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the 26 ///// 1 Dockets.Justia.com 1 entire file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 15, 2008, are adopted in full; 5 2. Respondent’s March 24, 2008 motion to dismiss (Docket No. 106) is denied; 6 7 and 3. Respondent shall file an answer to petitioner’s habeas petition within sixty 8 days. See Rule 4, Fed. R. Governing §2254 cases. Respondent’s answer shall be accompanied 9 by all transcripts and other documents relevant to the issues presented in the petition. See Rule 10 5, Fed. R. Governing §2254 Cases. 11 DATED: 2/13/2009 12 13 /s/ John A. Mendez 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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