(HC) Dominguez v. Dept of Corrections et al, No. 2:2006cv00301 - Document 57 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 3/31/10 ORDERING that the findings and recommendations filed 1/25/10, are adopted in full; the motions to dismiss 41 and 49 are denied without prejudice; the second amended petition is dismissed for failure to state a claim on which relief can be granted; and Petitioner is allowed 45 days in which to file a civil rights complaint based on the claims and allegations asserted in the second amended petition. (Becknal, R)
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(HC) Dominguez v. Dept of Corrections et al Doc. 57 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND CHARLES DOMINGUEZ, 11 Petitioner, 12 13 14 vs. DEPARTMENT OF CORRECTIONS, et al., Respondents. 15 16 No. CIV S-06-0301 GEB KJM P ORDER / Petitioner, a state prisoner proceeding through counsel, has filed this application 17 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On January 25, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Petitioner has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 25, 2010, are adopted in full; 3 2. The motions to dismiss (Docket Nos. 41 and 49) are denied without prejudice; 4 3. The second amended petition is dismissed for failure to state a claim on which 5 6 relief can be granted; and 4. Petitioner is allowed forty-five days in which to file a civil rights complaint 7 based on the claims and allegations asserted in the second amended petition. 8 Dated: March 31, 2010 9 10 11 GARLAND E. BURRELL, JR. United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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