(HC) Splawn v. Cate, No. 2:2010cv00121 - Document 22 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 8/18/10 ORDERING that the 20 Findings and Recommendations are ADOPTED in full; petitioner's 17 Motion to Stay is DENIED; respondent's 14 Motion to Dismiss is GRANTED. Respondent shall file and serve either an answer or a motion in response to petitioner's amended petition within 60 days from the date of this order. (Owen, K)
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(HC) Splawn v. Cate Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN MICHAEL SPLAWN, 11 12 13 Petitioner, No. CIV S-10-0121 JAM EFB P vs. MATTHEW CATE, 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding through counsel, has filed an application for 17 a writ 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 May 5, 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. Neither party has filed 22 objections to the findings and recommendations.1 23 24 The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 1 26 Petitioner’s counsel has already filed the amended petition contemplated by the magistrate judge’s findings and recommendations. Dckt. No. 21. 1 Dockets.Justia.com 1 ORDERED that: 2 1. The findings and recommendations filed May 5, 2010, are adopted in full; 3 2. Petitioner’s motion to stay is denied; 4 3. Respondent’s motion to dismiss is granted; 5 4. Respondent shall file and serve either an answer or a motion in response to 6 petitioner’s amended petition within 60 days from the date of this order. See Rule 4, Fed. R. 7 Governing § 2254 Cases. Any response shall be accompanied by any and all transcripts or other 8 documents relevant to the determination of the issues presented in the application. See Rules 4, 9 5, Fed. R. Governing § 2254 Cases; and 10 5. Petitioner’s reply, if any, shall be filed and served within 30 days of service of 11 an answer. 12 DATED: August 18, 2010 13 14 /s/ John A. Mendez 15 U. S. DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2