(HC) Adams v. Swarthout, No. 2:2010cv00787 - Document 16 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 12/10/10 DENYING 13 Motion to Dismiss ; ADOPTING in Full 15 FINDINGS AND RECOMMENDATIONS; Respondent shall file an answer to the petition within sixty days of the filed date of this order.(Williams, D)
Download PDF
(HC) Adams v. Swarthout Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN ADAMS, 11 Petitioner, 12 13 No. CIV S-10-0787 GEB GGH P vs. GARY SWARTHOUT, et al., 14 Respondents. 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 Rule 302. 19 On September 20, 2010, the magistrate judge filed findings and recommendations 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. 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 2 1. The findings and recommendations filed September 20, 2010, are adopted in full; 3 2. Respondent’s July 21, 2010, motion to dismiss is denied; and 4 3. Respondent shall file an answer to the petition within sixty days of the filed 5 date of this order. 6 Dated: December 10, 2010 7 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2