(HC) Ulukivaiola v. McEwen, No. 2:2010cv01350 - Document 23 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge William B. Shubb on 9/21/2011 ADOPTING 21 Findings and Recommendations in full. Resp's 17 Motion to Dismiss is GRANTED without prejudice. Ptnr is GRANTED 30 days to file an amended petition. (Zignago, K.)

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(HC) Ulukivaiola v. McEwen Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY ULUKIVAIOLA, 11 Petitioner, 12 13 14 vs. L.S. McEWEN, Warden, Respondent. ORDER / 15 16 No. CIV S-10-1350 WBS EFB P 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 August 23, 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 fourteen days. Petitioner 22 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 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 23, 2011, are adopted in full; 3 2. Respondent’s January 13, 2011 motion to dismiss is granted without prejudice; 4 and 5 3. Petitioner is granted thirty days to file an amended petition containing only 6 exhausted claims. Failure to timely file the amended petition may result in a final dismissal of 7 this action. 8 DATED: September 21, 2011 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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