(HC) Scott v. Haviland, No. 2:2009cv02830 - Document 24 (E.D. Cal. 2010)

Court Description: ORDER adopting 22 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 9/21/10: Respondent's motion to dismiss the petition as untimely, filed on December 30, 2009 is denied 17 . Respondent is ordered to file an answer to the petition within sixty days of the filed date of this order; thereafter, petitioner will have twenty-eight days to file a reply. (Kaminski, H)
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(HC) Scott v. Haviland Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NOEL PHILLIPE SCOTT, 11 12 13 14 Petitioner, vs. JOHN W. HAVILAND, Warden, Respondent. 15 16 No. CIV S-09-2830 JAM GGH 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 July 21, 2010, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. Respondent has filed 22 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 25 entire 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 July 21, 2010, are adopted in full; and 3 2. Respondent’s motion to dismiss the petition as untimely, filed on December 4 5 30, 2009 (docket #17), is denied; 3. Respondent is ordered to file an answer to the petition within sixty days of the 6 filed date of this order; thereafter, petitioner will have twenty-eight days to file a reply. 7 DATED: September 21, 2010 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