(HC) Blair v. Montgomery, No. 2:2014cv02161 - Document 27 (E.D. Cal. 2015)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr. on 9/18/2015 ORDERING that the 25 findings and recommendations are ADOPTED in full. Respondent's 14 motion to dismiss is GRANTED. Claims two, three, and four are DISMISSED as untimely. Respondent is directed to file an answer to claim one in petitioner'spetition for a writ of habeas corpus within 30 days of the date of this order. (Zignago, K.)

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(HC) Blair v. Montgomery Doc. 27 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERMAINE ROBERT BLAIR, 12 Petitioner, 13 14 No. 2:14-CV-2161-GEB-CMK-P v. ORDER MONTGOMERY, 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 August 18, 2015, 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. Timely objections to the findings and recommendations have 23 been filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and by 27 proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 18, 2015, are adopted in 4 2. Respondent’s motion to dismiss (Doc. 14) is granted; 5 3. Claims two, three, and four are dismissed as untimely; and 6 4. Respondent is directed to file an answer to claim one in petitioner’s 3 full; 7 petition for a writ of habeas corpus within 30 days of the date of this order. 8 Dated: September 18, 2015 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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