(HC) Shives v. Sisto, No. 2:2008cv01548 - Document 19 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge John A. Mendez on 3/26/10 ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full; Respondent's 14 Motion to Dismiss the petition as untimely is DENIED; Respondent is directed to file and serve an answer and not a motion in response to petitioner's application within 60 days. Petitioner's reply, if any, shall be filed and served within 30 days of service of an answer. (Donati, J)
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(HC) Shives v. Sisto Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS SHIVES, 11 12 13 14 Petitioner, vs. D.K. SISTO, Warden, Respondent. 15 16 No. CIV S-08-1548 JAM EFB P ORDER / Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 of 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 Rule 302. 19 On January 22, 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 Respondent 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 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire 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 22, 2010, are adopted in full; 3 2. Respondent’s motion to dismiss the petition as untimely is DENIED; 4 3. Respondent is directed to file and serve an answer and not a motion in 5 response to petitioner’s application within 60 days, see Rule 4, Fed. R. Governing § 2254 Cases, 6 and directed that the answer shall be accompanied by any and all transcripts or other documents 7 relevant to the determination of the issues presented in the application. See Rules 4, 5, Fed. R. 8 Governing § 2254 Cases; and 9 4. Petitioner’s reply, if any, shall be filed and served within 30 days of service of 10 an answer. 11 DATED: March 26, 2010 12 13 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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