(HC) Tanner v. Sherman, No. 2:2016cv00581 - Document 52 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 50 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 03/29/18; PARTIALLY GRANTING Respondent's 36 Motion to Dismiss. Within 30 days, Petitioner shall file an amended petition or file a request to strike unexhausted claims as set forth in the findings and recommendations. (Benson, A.)
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(HC) Tanner v. Sherman Doc. 52 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FREDERICK TANNER, 12 No. 2:16-cv-00581-TLN-KJN P Petitioner, 13 v. 14 STU SHERMAN, 15 ORDER Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 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. On March 08, 2018, the magistrate judge filed findings and recommendations herein, 20 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. (ECF No. 50.) Neither 23 party has filed 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: 1. The findings and recommendations filed March 08, 2018 (ECF No. 50), are adopted in 27 28 full; 1 Dockets.Justia.com 1 2. Respondent’s motion to dismiss (ECF No. 36) is partially granted; and 2 3. Within thirty days from the date this order is filed, Petitioner shall file an amended 3 petition or file a request to strike unexhausted claims as set forth in the findings and 4 recommendations. 5 6 Dated: March 29, 2018 7 8 9 Troy L. Nunley United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2