(HC) Houston v. Swarthout, No. 2:2009cv02645 - Document 23 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 12/2/2010 FINDINGS AND RECOMMENDATIONS 20 are ADOPTED in FULL; Respondent's 14 motion to dismiss is GRANTED; Petitioner is given 30 days from the date of this order to file an amended petition setting forth facts, if he can do so, showing why he is entitled to equitable tolling. (Reader, L)
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(HC) Houston v. Swarthout Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD HOUSTON, 11 12 13 14 Petitioner, vs. GARY SWARTHOUT, Respondent. 15 16 No. CIV S-09-2645 WBS KJM P ORDER / Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 of 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 Rule 302. 19 On October 21, 2010, 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-one days. 22 Petitioner has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 21, 2010, are adopted in full; 3 2. Respondent’s June 24, 2010 motion to dismiss (Docket No. 14) is granted; 4 3. Petitioner is given 30 days from the date of this order to file an amended 5 petition setting forth facts, if he can do so, showing why he is entitled to equitable tolling 6 DATED: December 2, 2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2