(HC) Lao v. People of California et al, No. 2:2008cv03171 - Document 28 (E.D. Cal. 2010)

Court Description: ORDER adopting 27 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Morrison C. England, Jr on 9/24/10: Respondent's September 4, 2009 motion to dismiss is denied. Petitioner's November 23, 2009 motion to stay is denied as moot. Respondent is directed to file an answer in response to petitioner's April 1, 2009 application within 60 days from the date of this order. (Kaminski, H)
Download PDF
(HC) Lao v. People of California et al Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HOUA LAO, 12 13 14 15 No. 2:08-cv-03171-MCE-EFB P Petitioner, vs. ORDER FRANCISCO JACQUES, Warden, Respondent. 16 / 17 Petitioner, a state prisoner proceeding through counsel, has filed an application for 18 a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 12, 2010, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within fourteen days. Neither 23 party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations filed August 12, 2010, are adopted in full; 2 2. Respondent’s September 4, 2009 motion to dismiss is denied; 3 3. Petitioner’s November 23, 2009 motion to stay is denied as moot; 4 4. Respondent is directed to file an answer in response to petitioner’s April 1, 5 2009 application within 60 days from the date of this order. See Rule 4, Fed. R. Governing 6 § 2254 Cases. Respondent is further directed to include with his response any and all transcripts 7 or other documents relevant to the determination of the issues presented in the application. See 8 Rules 4, 5, Fed. R. Governing § 2254 Cases; and 9 10 11 5. Petitioner’s reply, if any, shall be filed and served within 30 days of service of an answer. Dated: September 24, 2010 12 13 14 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2