(HC) Diaz v. Knipp, No. 2:2012cv02616 - Document 40 (E.D. Cal. 2016)
Court Description: ORDER signed by District Judge Morrison C. England, Jr., on 9/20/16, ORDERING that 39 the findings and recommendations are ADOPTED in full. Respondent's 24 motion to dismiss is GRANTED. Claims 1, 2, and 3 in the petition are dismissed. Respondent shall file a response to the remaining claim (Claim 4) in the petition within 30 days. (Kastilahn, A)
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(HC) Diaz v. Knipp Doc. 40 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE G. DIAZ, 12 Petitioner, 13 14 No. 2:12-cv-2616-MCE-CMK-P v. ORDER TIM PEREZ, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States 19 Magistrate Judge pursuant to Eastern District of California local rules. On August 8, 2016, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. No objections to the findings and recommendations have been 23 filed. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and y the Magistrate Judge’s analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The findings and recommendations filed August 8, 2016, are adopted in full; 28 2. Respondent’s motion to dismiss (Doc. 24) is granted; 1 Dockets.Justia.com 1 3. Claims 1, 2, and 3 in the petition are dismissed; and 2 4. Respondent shall file a response to the remaining claim (Claim 4) in the 3 4 5 petition within 30 days. IT IS SO ORDERED. Dated: September 20, 2016 6 7 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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