(HC) Arismendez v. Baughman, No. 2:2017cv00792 - Document 18 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 6/13/18 ORDERING that the findings and recommendations filed 5/7/18 (ECF No. 17 ), are ADOPTED in full; Respondent's motion to dismiss, ECF No. 12 , is GRANTED; Petitioner's m otion to voluntarily dismiss the unexhausted claims in his federal habeas corpus application, ECF No. 15 , is DENIED as moot; Petitioner's federal habeas corpus application, ECF No. 1 , is DISMISSED without prejudice to filing an amended pet ition within 30 days on the court approved form; Any amended petition must be filed on the form employed by this court and must state all claims and prayers for relief on the form. It must bear the case number assigned to this action and must contain the title "Amended Petition"; the Clerk is directed to send petitioner a new habeas corpus application form. (Becknal, R)
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(HC) Arismendez v. Baughman Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROLANDO ARISMENDEZ, 12 Petitioner, 13 14 15 v. No. 2:17-cv-00792 MCE CKD P ORDER DAVID BAUGHMAN, 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 May 7, 2018, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the Court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 7, 2018 (ECF No. 17), are ADOPTED in 3 full; 4 2. Respondent’s motion to dismiss, ECF No. 12, is GRANTED. 5 3. Petitioner’s motion to voluntarily dismiss the unexhausted claims in his federal habeas 6 corpus application, ECF No. 15, is DENIED as moot. 7 8 4. Petitioner’s federal habeas corpus application, ECF No. 1, is DISMISSED without prejudice to filing an amended petition within 30 days on the court approved form. 9 5. Any amended petition must be filed on the form employed by this court and must state 10 all claims and prayers for relief on the form. It must bear the case number assigned to this action 11 and must contain the title “Amended Petition.” 12 13 14 15 6. The Clerk of the Court is directed to send petitioner a new habeas corpus application form. IT IS SO ORDERED. Dated: June 13, 2018 16 17 18 19 20 21 22 23 24 25 26 27 28 2