(HC) Zaccardi v. Arnold, No. 2:2017cv01405 - Document 27 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 7/5/2018 ADOPTING in FULL 25 Findings and Recommendations; GRANTING in part and DENYING in part 20 Motion to Dismiss; Petitioner's second claim is DISMISSED as barred by the statute o f limitations; Respondents motion to dismiss petitioners Eighth Amendment claim (claim one) is DENIED; Within 30 days from the date of this order adopting the findings and recommendations, Respondent shall file an answer to petitioner's Eighth Amendment claim (claim one).(Washington, S)
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(HC) Zaccardi v. Arnold Doc. 27 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALBERT ZACCARDI, 12 Petitioner, 13 14 No. 2:17-cv-1405 MCE KJN P v. ORDER E. ARNOLD, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this 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 May 23, 2018, the magistrate judge filed findings and recommendations herein which 20 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. ECF No. 25. Respondent 23 has filed objections to the findings and recommendations. ECF No. 26. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 23, 2018, ECF No. 25, are ADOPTED 3 IN FULL; 4 5 2. Respondent’s motion to dismiss (ECF No. 20) is GRANTED in part and DENIED in part: 6 a. Petitioner’s second claim is DISMISSED as barred by the statute of limitations; 7 b. Respondent’s motion to dismiss petitioner’s Eighth Amendment claim (claim 8 9 10 11 12 one) is DENIED; 3. Within 30 days from the date of this order adopting the findings and recommendations, Respondent shall file an answer to petitioner’s Eighth Amendment claim (claim one). IT IS SO ORDERED. Dated: July 5, 2018 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2