(HC) Phillips v. Ayers et al, No. 2:2007cv02110 - Document 27 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge John A. Mendez 8/31/09 ORDERING the Findings and Recommendations are ADOPTED IN FULL; respondents' motion to dismiss amended petition 17 is DENIED. (Carlos, K)
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(HC) Phillips v. Ayers et al Doc. 27 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN OSCAR PHILLIPS, 11 Petitioner, 12 13 No. CIV S-07-2110 JAM DAD P vs. ROBERT AYERS, JR., et al., 14 Respondents. 15 ORDER / 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 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. 19 On June 24, 2009, 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 days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 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 2 1. The findings and recommendations filed June 24, 2009, are adopted in full; and 3 2. Respondents’ December 22, 2008 motion to dismiss the amended petition for 4 failure to exhaust state remedies (Doc. No. 17) is denied. 5 DATED: August 31, 2009 6 7 /s/ John A. Mendez 8 U. S. District Court Judge 9 /phil2110.801 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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