(HC) Olic v. Lizarraga, No. 2:2017cv00155 - Document 19 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge John A. Mendez on 12/19/17 ORDERING that the findings and recommendations filed October 05, 2017, are ADOPTED in full; and Respondent's motion to dismiss (ECF No. 15 ) is DENEID; respondent is ordered to file an answer to the petition within thirty days of the date of this order. (Becknal, R)

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(HC) Olic v. Lizarraga Doc. 19 1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 MILORAD OLIC, 6 7 8 No. 2:17-cv-0155 JAM KJN P Petitioner, v. ORDER JOE A. LIZARRAGA, 9 Respondents. 10 11 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 12 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 13 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 14 On October 05, 2017, the magistrate judge filed findings and recommendations herein 15 which were served on all parties and which contained notice to all parties that any objections to 16 the findings and recommendations were to be filed within fourteen days. Neither party has filed 17 objections to the findings and recommendations. 18 The court has reviewed the file and finds the findings and recommendations to be 19 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 20 ORDERED that: 21 1. The findings and recommendations filed October 05, 2017, are adopted in full; and 22 2. Respondent’s motion to dismiss (ECF No. 15) is denied; respondent is ordered to file 23 an answer to the petition within thirty days of the date of this order. 24 25 26 DATED: 12/19/2017 /s/ John A. Mendez_________________________ UNITED STATES DISTRICT COURT JUDGE 27 28 1 Dockets.Justia.com

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