(HC) Rodriquez v. Swarthout, No. 2:2010cv01226 - Document 19 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr. on 5/18/2011 FINDINGS AND RECOMMENDATIONS 17 are ADOPTED in FULL; Respondent's 11 motion to dismiss is DENIED; and respondent shall file an answer to petitioner's habeas petition within 60 days from the date of this order. (Reader, L)
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(HC) Rodriquez v. Swarthout Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NAHU RODRIQUEZ, 11 12 13 14 Petitioner, vs. GARY SWARTHOUT, Respondent. 15 16 No. 2:10-cv-1226 GEB KJN P ORDER / Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 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 January 4, 2011, 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 twenty-one days. 22 Respondent has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 4, 2011, are adopted in full; 3 2. Respondent’s August 23, 2010 motion to dismiss (dkt. no. 11) is denied; and 4 3. Respondent shall file an answer to petitioner’s habeas petition within sixty 5 days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. The answer shall 6 be accompanied by all transcripts and other documents relevant to the issues presented in the 7 petition. See Rule 5, Fed. R. Governing § 2254 Cases. 8 Dated: May 18, 2011 9 10 11 GARLAND E. BURRELL, JR. United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2