-KJN (HC) Reed v. Swartout, et al, No. 2:2011cv01026 - Document 15 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 12/8/2011 ORDERING that the 14 findings and recommendations filed October 14, 2011, are adopted in full. Respondent's 11 July 14, 2011 motion to dismiss petitioner's due process claims is granted with prejudice. Respondent's 11 motion to dismiss petitioner's Ex Post Facto claim is DENIED without prejudice. Within thirty days after service of this order, respondent shall file an answer. Thirty days thereafter, petitioner shall file a traverse.(Duong, D)
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-KJN (HC) Reed v. Swartout, et al Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY DWAYNE REED, 11 Petitioner, 12 13 No. CIV. S-11-1026 JAM KJN P vs. GARY SWARTHOUT, 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. 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 October 14, 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. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 //// 1 Dockets.Justia.com 1 1. The findings and recommendations filed October 14, 2011, are adopted in full; 2 2. Respondent’s July 14, 2011 motion to dismiss petitioner’s due process claims 3 4 5 6 (dkt. no. 11) is granted with prejudice; 3. Respondent’s motion to dismiss petitioner’s Ex Post Facto claim is denied without prejudice; and 4. Within thirty days after service of this order, respondent shall file an answer. 7 Thirty days thereafter, petitioner shall file a traverse. 8 DATED: December 8, 2011 9 10 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2