(HC) Fernandez v. Felker, et al.,, No. 2:2010cv00535 - Document 19 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 1/12/2011 ORDERING that the 17 findings and recommendations filed November 22, 2010, are adopted in full. Respondent's 12 May 10, 2010 motion to dismiss is DENIED. Respondent is directed to file an answer to the petition together with all transcripts and other documents relevant to the issues presented in the petition within sixty days.(Duong, D)
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(HC) Fernandez v. Felker, et al., Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FELICIANO FERNANDEZ, Petitioner, 11 vs. 12 13 No. CIV S-10-0535 FCD DAD P T. FELKER, Warden, 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 November 22, 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 twenty 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 2 1. The findings and recommendations filed November 22, 2010, are adopted in full; 3 2. Respondent’s May 10, 2010 motion to dismiss (Doc. No. 12) is denied; and 4 3. Respondent is directed to file an answer to the petition together with all 5 transcripts and other documents relevant to the issues presented in the petition within sixty days. 6 See Rule 5, Fed. R. Governing § 2254 Cases. 7 DATED: January 12, 2011. 8 9 10 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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