-KJN (TEMP)(HC) Biggs v. Schwarzenegger et al, No. 2:2007cv00470 - Document 46 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 3/8/11 ORDERING that 42 FINDINGS AND RECOMMENDATIONS are VACATED; 40 Motion to Dismiss is DENIED without prejudice.(Dillon, M)
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-KJN (TEMP)(HC) Biggs v. Schwarzenegger et al Doc. 46 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY J. BIGGS, 11 Petitioner, 12 13 14 No. 2:07-cv-0470 WBS KJN P (TEMP) vs. GOVERNOR SCHWARZENEGGER, et al., Respondents. 15 ORDER / 16 Petitioner is a former state prisoner proceeding through counsel with a petition for 17 writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 28, 2011, the court issued 18 findings and recommendations recommending that respondents’ motion to dismiss be granted, 19 noting petitioner failed to file an opposition. In objections, petitioner argues that counsel for 20 respondents failed to properly notice the motion to dismiss for hearing pursuant to Local Rule 21 230(b). Petitioner appears to be correct. Accordingly, good cause appearing, the findings and 22 recommendations are vacated, and the motion to dismiss is denied without prejudice. 23 IT IS HEREBY ORDERED that: 24 1. The January 28, 2011 findings and recommendations are vacated; and 25 //// 26 //// 1 Dockets.Justia.com 1 2. Respondents’ September 22, 2010 motion to dismiss is denied without 2 prejudice. 3 DATED: March 8, 2011 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 bigg0470.vac 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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