-CKD (HC) Island v. Carey, No. 2:2009cv03226 - Document 15 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 9/28/2011 ADOPTING 13 Findings and Recommendations in full. Resp's 9 Motion to Dismiss is GRANTED. Ptnr's application for writ of habeas corpus is DISMISSED. Ptnr is GRANTED 30 days to file an amended petition. Failure to file an amended petition within 30 days will result in this action being dismissed. (Zignago, K.)

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-CKD (HC) Island v. Carey Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRE B. ISLAND, 11 Petitioner, 12 vs. 13 No. CIV S-09-3226 JAM CKD P TOM L. CAREY, 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 January 7, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on the parties and which contained notice that any objections to the 21 findings and recommendations were to be filed within twenty-one days. No objections have been 22 filed. 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 1. The findings and recommendations filed January 7, 2011, are adopted in full; 2 2. Respondent’s August 4, 2010 motion to dismiss is granted; 3 3. Petitioner’s application for writ of habeas corpus is dismissed; 4 4. Petitioner is granted thirty days within which to file an amended petition for 5 writ of habeas corpus which includes only the three claims where petitioner has exhausted state 6 court remedies; and 7 5. Petitioner’s failure to file an amended petition within thirty days will result in 8 this action being dismissed. 9 DATED: September 28, 2011 10 /s/ John A. Mendez U. S. DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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