(HC) Bazley v. Price, No. 2:2015cv02673 - Document 23 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge Garland E. Burrell, Jr on 2/24/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/30/17 22 are ADOPTED in full; Respondent's MOTION to DISMISS Petitioner's Claim One, ECF No. 11 , is GRANTED; This action shall proceed on Petitioner's Claim Two and Three. Respondent is directed to file and serve an answer within sixty days after the filing date of this order. Petitioner is accorded the option of filing and serving a reply within thirty days after service of the answer. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL BAZLEY, 12 13 14 15 No. 2:15-cv-02673 GEB AC P Petitioner, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 16 Respondent. 17 18 Petitioner, a former state prisoner proceeding pro se, has filed an application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On January 30, 2017, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within fourteen days. ECF No. 22. Neither 24 party has filed objections to the findings and recommendations. 25 The court has reviewed the file and finds the findings and recommendations to be 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 1. The findings and recommendations filed January 30, 2017, are adopted in full; 1 1 2. Respondent’s motion to dismiss petitioner’s Claim One, ECF No. 11, is granted; 2 3. This action shall proceed on petitioner’s Claim Two and Three; 3 4. Respondent is directed to file and serve an answer within sixty days after the filing date 4 of this order, accompanied by all transcripts and other documents relevant to the remaining issues 5 presented in the petition, see Rule 4 and 5, 28 U.S.C. foll. §2254; and 6 5. Petitioner is accorded the option of filing and serving a reply within thirty days after 7 service of the answer. 8 Dated: February 24, 2017 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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