(HC) Wallace v. Barnes, No. 2:2014cv00157 - Document 71 (E.D. Cal. 2015)

Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 11/16/2015 ORDERING that the 66 findings and recommendations are ADOPTED in full. Respondent's 64 Motion to Dismiss is DENIED as moot. Respondent is directed to file a response to the Second Amended Petition within sixty (60) days of this order. (Zignago, K.)

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(HC) Wallace v. Barnes Doc. 71 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE WALLACE, 12 Petitioner, 13 14 No. 2:14-cv-0157-MCE-EFB (HC) v. ORDER RON E. BARNES, 15 Respondent. 16 Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ 17 18 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 19, 2015, the magistrate judge filed Findings and Recommendations herein 20 21 (ECF No. 66) which were served on all parties and which contained notice that any objections to 22 the Findings and Recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the Findings and Recommendations. The Court has reviewed the file and finds the Findings and Recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 /// 28 /// 1 Dockets.Justia.com 1 2 1. The Findings and Recommendations filed October 19, 2015 (ECF No. 66) are ADOPTED IN FULL; 3 2. Respondent’s Motion to Dismiss (ECF No. 64) is DENIED as moot; and 4 3. Respondent is directed to file a response to the Second Amended Petition within sixty 5 6 7 (60) days of this order. IT IS SO ORDERED. Dated: November 16, 2015 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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