-GGH (HC) Napoleon v. Yves, No. 2:2010cv00940 - Document 34 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 27 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Frank C. Damrell, Jr. on 6/6/2011. Respondent's 13 Motion to Dismiss for failure to exhaust administrative remedies is DENIED. Respondent filed an Answer on 5/23/2011, so petitioner is directed to file any Reply/Traverse within 28 days of filed date of Order. (Marciel, M)
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-GGH (HC) Napoleon v. Yves Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIN NAPOLEON, Petitioner, 11 vs. 12 13 No. CIV S-10-0940 FCD GGH P RICHARD B. YVES, 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 April 25, 2011, 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 April 25, 2011, are adopted in full; 2 2. Respondent’s September 24, 2010 (docket #13), motion to dismiss for failure 3 4 to exhaust administrative remedies is denied; and 3. Respondent filed an answer on May 23, 2011; petitioner is directed to file any 5 reply/traverse within twenty-eight days of the filed date of this order. 6 DATED: June 6, 2011. 7 8 9 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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