(HC) Rodriguez v. Gipson, No. 2:2012cv02260 - Document 70 (E.D. Cal. 2015)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/4/15 ORDERING that the findings and recommendations filed October 6, 2015 are adopted; Respondent's motion to dismiss (ECF No. 56 ) is denied with the exception of the judicial notice sub-claim of Claim 2; and Respondent is directed to file an answer to the amended petition (ECF No. 37 ) within sixty days; and Petitioner's reply, if any, shall be filed and served within thirty days after the service of the answer. (Becknal, R)

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(HC) Rodriguez v. Gipson Doc. 70 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS AMPARAN RODRIGUEZ, 12 No. 2:12-cv-2260 TLN GGH P Petitioner, 13 v. 14 DAVE DAVEY, 15 ORDER Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 6, 2015, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 69.) Neither 23 party has filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed October 6, 2015 are adopted; 28 2. Respondent’s motion to dismiss (ECF No. 56) is denied with the exception of the 1 Dockets.Justia.com 1 2 judicial notice sub-claim of Claim 2; and 3. Respondent is directed to file an answer to the amended petition (ECF No. 37) within 3 sixty days; and Petitioner’s reply, if any, shall be filed and served within thirty days after the 4 service of the answer. 5 Dated: December 4, 2015 6 7 Troy L. Nunley United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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