-CMK (HC) Seeboth v. Mayberg et al, No. 2:2010cv02875 - Document 14 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 8/29/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/23/11 13 are ADOPTED in full; Respondents' MOTION TO DISMISS 9 is GRANTED. All Claims relating to the time priod 2001 through 200 7 are DISMISSED as second or successive, but such dismissal is without prejudice to pursuing those claims if leave from the Ninth Circuit Court of Appeals is obtained. This Action shall proceed on Petitioner's claims relating to the time period 2007 through 2010; Respondents shall file an answer to the petition within 30 days of the date of this order. (Mena-Sanchez, L)

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-CMK (HC) Seeboth v. Mayberg et al Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY JOSEPH SEEBOTH, 12 Petitioner, 13 14 No. 2:10-CV-02875-MCE-CMK-P vs. ORDER STEPHEN MAYBERG, et al., 15 Respondents. 16 / Petitioner, a state prisoner proceeding pro se,1 brings this petition for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2254 challenging a civil commitment order. The matter 19 was referred to a United States Magistrate Judge pursuant to Eastern District of California local 20 rules. 21 On June 23, 2011, the Magistrate Judge filed findings and recommendations 22 herein which were served on the parties and which contained notice that the parties may file 23 objections within a specified time. No objections to the findings and recommendations have 24 been filed. 25 26 1 Petitioner is confined as a sexually violent predator. 1 Dockets.Justia.com 1 2 The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the Magistrate Judge's analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 The findings and recommendations filed June 23, 2011 (ECF No. 13), are ADOPTED in full; 6 2. Respondents’ motion to dismiss (ECF No. 9) is GRANTED; 7 3. All claims relating to the time period 2001 through 2007 are dismissed as 8 second or successive, but such dismissal is without prejudice to pursuing those claims if leave 9 from the Ninth Circuit Court of Appeals is obtained; 10 11 4. 2007 through 2010; and 12 13 14 This action shall proceed on petitioner’s claims relating to the time period 5. Respondents shall file an answer to the petition within 30 days of the date of this order. Dated: August 29, 2011 15 16 17 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 2

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