(HC) Castro v. Martel, No. 2:2008cv02390 - Document 30 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 7/27/70 ORDERING that the findings and recommendations filed 7/1/10, are adopted in full; respondent's motion to dismiss 22 is denied; and respondent is directed to file an answer on the merits w/i 30 days. (Becknal, R)

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(HC) Castro v. Martel Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY CASTRO, 12 Petitioner, 13 14 No. CIV S-08-2390-MCE-CMK-P vs. ORDER M. MARTEL, 15 Respondent. 16 / 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to Eastern District of California local rules. 20 On July 1, 2010, the Magistrate Judge filed findings and recommendations herein 21 which were served on the parties and which contained notice that the parties may file objections 22 within a specified time. No objections to the findings and recommendations have been filed. 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. 25 /// 26 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 1, 2010, are adopted in full; 3 2. Respondent’s motion to dismiss (Doc. 22) is DENIED; and 4 3. Respondent is directed to file an answer on the merits within 30 days. 5 6 Dated: July 27, 2010 7 8 9 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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