(HC) Wheeler v. Price, No. 2:2014cv00521 - Document 15 (E.D. Cal. 2015)
Court Description: ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 3/10/15. The 9 Motion to Dismiss is DENIED. Respondent is directed to file an answer within 14 days. (Manzer, C)
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(HC) Wheeler v. Price Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD WHEELER, 12 No. 2:14-cv-0521 MCE KJN P Petitioner, 13 v. 14 JEROME PRICE, 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 February 4, 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. Neither party has filed 23 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 February 4, 2015, are adopted in full; 28 2. Respondent’s motion to dismiss (ECF No. 9) is denied; and 1 Dockets.Justia.com 1 3. Respondent is directed to file an answer within fourteen days from the filed date of this 2 order. 3 Dated: March 10, 2015 4 5 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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