(HC) Fredericksen v Hedgepath et al, No. 2:2008cv01869 - Document 23 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 8/13/09 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/8/09 20 are ADOPTED in full; Petitioner's MOTION to STAY 15 is DENIED, the unexhausted claims are STRIKEN. Within thirty days of the date of this order, respondent shall file an answer to the exhausted claims; Petitiner's reply is due within thirty days thereafter. (Mena-Sanchez, L)
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(HC) Fredericksen v Hedgepath et al Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KELLY FREDERICKSEN, 12 Petitioner, 13 14 2:08-cv-1869-GEB-GGH-P vs. ANTHONY HEDGEPATH, 15 Respondent. 16 ORDER / 17 Petitioner, a state prisoner proceeding through counsel, has filed this application 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On July 8, 2009, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty days. Petitioner has filed 23 objections to the findings and recommendations. Respondent has filed a reply. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the 26 /// 1 Dockets.Justia.com 1 entire file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed July 8, 2009, are adopted in full; and 5 2. Petitioner’s motion to stay (no. 15) is denied, the unexhausted claims are 6 7 8 9 stricken; 3. Within thirty days of the date of this order, respondent shall file an answer to the exhausted claims; petitioner’s reply is due within thirty days thereafter. Dated: August 13, 2009 10 11 12 GARLAND E. BURRELL, JR. United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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