(HC) Willis v. Lackner, No. 2:2013cv01599 - Document 36 (E.D. Cal. 2015)
Court Description: ORDER signed by District Judge Troy L. Nunley on 10/8/2015 AMENDED FINDINGS AND RECOMMENDATIONS 33 are ADOPTED in FULL; Respondent's 16 Motion to Dismiss is DENIED without prejudice; Petitioner's 21 Motion to Stay is DENIED as unnecessary; and Respondent is directed to file an answer to Petitioner's petition for a writ of habeas corpus within 30 days of the date of this order. (Reader, L)
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(HC) Willis v. Lackner Doc. 36 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AUSTIN BILLY WILLIS, III, 12 Petitioner, 13 14 No. 2:13-CV-1599-TLN-CMK-P v. ORDER HEIDI H. LACKNER, 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. The matter was referred to a United States 19 Magistrate Judge pursuant to Eastern District of California local rules. On March 2, 2015, the Magistrate Judge filed amended findings and 20 21 recommendations herein which were served on the parties and which contained notice that the 22 parties may file objections within a specified time. No objections to the findings and 23 recommendations have been filed. While Respondent has filed a “response” to the amended 24 findings and recommendation, Respondent requests that they be adopted without prejudice to 25 addressing the issue in full in the answer to the petition. The Court has reviewed the file and finds the findings and recommendations to be 26 27 supported by the record and by the Magistrate Judge’s analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The amended findings and recommendations filed March 2, 2015, are adopted in full; 4 2. Respondent’s motion to dismiss (Doc. 16) is denied without prejudice; 5 3. Petitioner’s motion for a stay (Doc. 21) is denied as unnecessary; and 6 4. Respondent is directed to file an answer to Petitioner’s petition for a writ of 7 habeas corpus within 30 days of the date of this order. 8 Dated: October 8, 2015 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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