(HC) Johnson v. Soto, No. 2:2012cv02887 - Document 29 (E.D. Cal. 2013)
Court Description: ORDER adopting 28 FINDINGS AND RECOMMENDATIONS in full signed by Chief Judge Morrison C. England, Jr on 12/10/13: Motion to Dismiss 19 is DENIED. Petitioner's request to deem Ground 5 of the petition stricken 24 is GRANTED. Petit ioner's request to amend the petition limited to the four exhausted claims in order to bring the petition into conformance with the rules, procedures, and general expectations of the court 24 is GRANTED. Petitioner is directed to file an amended petition within thirty (30) days. (Kaminski, H)
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(HC) Johnson v. Soto Doc. 29 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JOSEPH TERRELL JOHNSON, 11 No. 2:12-cv-2887 MCE DAD P Petitioner, 12 v. 13 SOTO, Warden, ORDER 14 Respondents. 15 16 Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ 17 of 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 25, 2013, the Magistrate Judge filed findings and recommendations herein, 20 ECF No. 28, 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 fourteen 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. ADOPTED IN FULL; 27 28 The Findings and Recommendations, October 25, 2013, ECF No. 28, are 2. Respondent’s Motion to Dismiss, ECF No. 19, is DENIED; 1 Dockets.Justia.com 1 3. 2 3 Petitioner’s request to deem Ground 5 of the petition stricken, ECF No. 24, is GRANTED; 4. Petitioner’s request to amend the petition limited to the four exhausted claims in 4 order to bring the petition into conformance with the rules, procedures, and general 5 expectations of the court, ECF No. 24, is GRANTED; and 6 5. 7 IT IS SO ORDERED. 8 Petitioner is directed to file an amended petition within thirty (30) days. Dated: December 10, 2013 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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