(HC) Shukry v. Evens, No. 2:2009cv00669 - Document 20 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING 19 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 12/22/09 and ORDERING that respondent's 10 Motion to Dismiss is DENIED; Respondent is directed to answer the petition w/i 30 days and shall inc lude with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application that are not already part of the record; petitioners traverse, if any, be due on or before 30 days from the date respondents answer is filed; and petitioners 10/21/09 18 motion is DENIED. Petitioner should attach the documents referenced in his 10/21/09 motion to his traverse. (Benson, A.)

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(HC) Shukry v. Evens Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JAMES SHUKRY, 11 Petitioner, 12 13 No. 2:09-cv-0669 GEB JFM (HC) vs. ANTHONY HEDGPETH, Warden, 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 November 2, 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 November 2, 2009, are adopted in full; 3 2. Respondent’s May 11, 2009 motion to dismiss (#10) is denied; 4 3. Respondent is directed to answer the petition within thirty days from the date 5 of this order and shall include with the answer any and all transcripts or other documents 6 relevant to the determination of the issues presented in the application that are not already part of 7 the record; 8 9 10 4. Petitioner’s traverse, if any, be due on or before thirty days from the date respondents’ answer is filed; and 5. Petitioner’s October 21, 2009 motion is denied. Petitioner should attach the 11 documents referenced in his October 21, 2009 motion to his traverse. 12 Dated: December 22, 2009 13 14 15 GARLAND E. BURRELL, JR. United States District Judge 16 17 18 19 20 21 22 23 24 25 26 2

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