(HC) Drakeford v. Lizaraga, No. 2:2017cv01571 - Document 18 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 4/5/2018 FINDINGS AND RECOMMENDATIONS 15 are ADOPTED in FULL; Respondent's 9 Motion to Dismiss is DENIED. (Reader, L)
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(HC) Drakeford v. Lizaraga Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DRAKEFORD, 12 No. 2:17-cv-1571 KJM DB P Petitioner, 13 v. 14 J. LIZARAGA, 15 ORDER Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 17 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 28, 2018, the magistrate judge filed findings and recommendations, 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. Respondent has filed 23 objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having carefully reviewed the file, the court 26 finds the findings and recommendations to be supported by the record and by proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 28, 2018, are adopted in full; and 3 2. Respondent’s motion to dismiss (ECF No. 9) is denied. 4 DATED: April 5, 2018. 5 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2