(HC) Wynn v. Martel, No. 2:2009cv02728 - Document 17 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 5/12/2011 ADOPTING 14 Findings and Recommendations in full. Resp's 12 Motion to Dismiss is DENIED. Resp shall file an answer within 60 days. (Zignago, K.)
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(HC) Wynn v. Martel Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS PAUL WYNN, 11 12 13 14 Petitioner, No. CIV S-09-2728 JAM DAD P Respondent. ORDER vs. M. MARTEL, 15 16 / 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 March 10, 2011, 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 Respondent 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 March 10, 2011, are adopted in full; 3 2. Respondent’s August 23, 2010 motion to dismiss the habeas petition as 4 untimely (Doc. No. 12) is denied; and 5 3. Respondent shall file an answer within sixty days from the service of this 6 order. 7 DATED: May 12, 2011 8 9 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2