-DAD (HC) Johnson v. Brown, No. 2:2010cv01568 - Document 20 (E.D. Cal. 2011)

Court Description: ORDER denying 18 Motion for a ruling on the findings and recommendations signed by Magistrate Judge Dale A. Drozd on 08/23/11. (Plummer, M)

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-DAD (HC) Johnson v. Brown Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID WAYNE JOHNSON, 11 Petitioner, 12 13 No. CIV S-10-1568 KJM DAD P vs. SWARTHOUT, Warden, 14 Respondent. 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. On April 22, 2011, the undersigned issued findings 18 and recommendations, recommending that respondent’s motion to dismiss be denied. While the 19 findings and recommendations were pending, petitioner filed a motion requesting that the 20 assigned district judge rule on those findings and recommendations. On August 12, 2011, the 21 assigned district judge adopted the findings and recommendations in full and ordered respondent 22 to file an answer to petitioner’s amended petition within sixty days, thereby rendering petitioner’s 23 motion for a ruling moot. 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for a ruling on 2 the findings and recommendations (Doc. No. 18) is denied as moot. 3 DATED: August 23, 2011. 4 5 6 7 DAD:9 john1568.moot 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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