(HC) Trillo v. Felker et al, No. 2:2006cv01287 - Document 33 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 3/1/2010 adopting 32 FINDINGS AND RECOMMENDATIONS and denying 26 Motion to Dismiss; Respondent is ORDERED to file an answer to the petition w/i 30 days. (Waggoner, D)
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(HC) Trillo v. Felker et al Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VICTOR BERNARD TRILLO, Petitioner, 11 12 vs. 13 No. CIV S-06-1287 FCD GGH P T. FELKER, et al., Respondents. 14 ORDER / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 17 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On December 23, 2009, the magistrate judge filed findings and recommendations 19 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 days. Neither 22 party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1. The findings and recommendations filed December 23, 2009, are adopted in 1 2 3 full; and 2. Respondent’s September 15, 2009, motion to dismiss (docket #26) is denied; 4 and respondent is ordered to file an answer to the petition within thirty days. 5 DATED: March 1, 2010. 6 7 8 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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