(HC) Gonzalez v. Board of Parole Hearings et al, No. 2:2010cv00228 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER adopting 14 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge William B. Shubb on 6/23/10: 10 Motion to Dismiss is denied. Respondents shall answer the petition within thirty days from the date of this order. Petitioner's traverse, if any, is due on or before thirty days from the date respondents' answer is filed. (Kaminski, H)

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(HC) Gonzalez v. Board of Parole Hearings et al Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OSCAR GONZALEZ, Petitioner, 11 vs. 12 13 No. 2:10-cv-0228-WBS-JFM (HC) MICHAEL MARTEL, Warden, et al., Respondent. 14 ORDER / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 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 Rule 302. On May 14, 2010, the magistrate judge filed findings and recommendations 19 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 fourteen days. Neither 22 party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 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 May 14, 2010, are adopted in full; 2 2. Respondents’ April 8, 2010 motion to dismiss is denied; 3 3. Respondents shall answer the petition within thirty days from the date of this 4 order and shall include with the answer any and all transcripts or other documents relevant to the 5 determination of the issues presented in the application that are not already part of the record; 6 and 7 4. Petitioner’s traverse, if any, is due on or before thirty days from the date 8 respondents’ answer is filed. 9 DATED: June 23, 2010 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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