(HC) Jones v. Martel, No. 2:2008cv01933 - Document 25 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING 18 FINDINGS and RECOMMENDATIONS signed by Judge John A. Mendez on 1/22/2010. Respondent's 12 Motion to Dismiss is DENIED and he is GRANTED 30 days in which to file his Answer. (Marciel, M)
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(HC) Jones v. Martel Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JONES, 11 Petitioner, 12 13 No. CIV S-08-1933 JAM KJM P vs. WARDEN MARTEL, 14 Respondent. 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 December 8, 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 December 8, 2009, are adopted in full; 3 2. Respondent’s motion to dismiss (#12) is denied; and 4 3. Respondent is granted thirty days in which to file his answer. 5 DATED: January 22, 2010 6 7 /s/ John A. Mendez 8 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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