(HC) Ballesteros v Swarthout, No. 2:2010cv01363 - Document 16 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 4/4/11 ADOPTING 13 Findings and Recommendations in full. Respondent's 11 Motion to Dismiss is DENIED. Respondent is DIRECTED to file an answer to the petition together with all the transcripts and other documents relevant to the issues presented in the petition within 60 days. (Donati, J)

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(HC) Ballesteros 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 VICTOR BALLESTEROS, 11 12 13 14 Petitioner, vs. GARY SWARTHOUT, Warden, Respondent. 15 16 No. CIV S-10-1363 JAM DAD 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 13, 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 13, 2011, are adopted in full; 3 2. Respondent’s August 24, 2010 motion to dismiss (Doc. No. 11) 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: April 4, 2011 8 9 /s/ John A. Mendez 10 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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