(HC) Howard v. Cate, No. 2:2009cv00149 - Document 23 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 10/28/09 ORDERING that the 22 findings and recommendations filed October 9, 2009, are adopted in full. Petitioner's 2 January 15, 2009 application to hold the petition in abeyance is DENIED. Within thirty days from the date of this order, petitioner shall file an amended petition raising only exhausted claims. Thirty days thereafter, respondent shall inform the court whether he will file an amended answer or will stand on the answer filed August 10, 2009. Petitioner's reply shall be filed thirty days thereafter. (Duong, D)
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(HC) Howard v. Cate 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 JELANI KITWANA HOWARD, 12 13 14 15 Petitioner, vs. MATTHEW CATE, Respondent. 16 17 2:09-cv-0149-GEB-JFM-HC ORDER / Petitioner, a state prisoner proceeding pro se, has filed an application 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 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On October 9, 2009, 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 twenty 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 October 9, 2009, are adopted in full; 2 2. Petitioner’s January 15, 2009 application to hold the petition in abeyance is 3 4 5 6 denied; 3. Within thirty days from the date of this order, petitioner shall file an amended petition raising only exhausted claims; and 4. Thirty days thereafter, respondent shall inform the court whether he will file an 7 amended answer or will stand on the answer filed August 10, 2009; petitioner’s reply shall be 8 filed thirty days thereafter. 9 Dated: October 28, 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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