-DAD (HC) Mendoza v. Cate, No. 2:2009cv01710 - Document 25 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 9/30/11 ORDERING that the findings and recommendations filed August 26, 2011, are adopted in full; Respondent's November 3, 2010 motion to dismiss the petition as untimely 13 is denied; and Respondent is ordered to file an answer to the petition for a writ of habeas corpus within thirty days. (Becknal, R)
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-DAD (HC) Mendoza v. Cate Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARQUIMEDES MENDOZA, 12 Petitioner, 13 14 No. 2:09-cv-01710-MCE-DAD P vs. ORDER MATTHEW CATE, 15 Respondent. 16 / 17 Petitioner, a federal prisoner proceeding pro se, has filed this 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 Rule 302. 20 On August 26, 2011, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Respondent has filed 23 objections to the findings and recommendations. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed August 26, 2011, are adopted in full; 7 2. Respondent’s November 3, 2010 motion to dismiss the petition as untimely 8 9 10 11 (Doc. No. 13) is denied; and 3. Respondent is ordered to file an answer to the petition for a writ of habeas corpus within thirty days. Dated: September 30, 2011 12 13 14 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2
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