(HC) Baker v. Ducart, No. 2:2017cv01812 - Document 14 (E.D. Cal. 2017)
Court Description: ORDER signed by District Judge Garland E. Burrell, Jr. on 11/30/2017 ORDERING 11 Respondent's motion to dismiss is DENIED; the Court ADOPTES 13 the Findings and Recommendations; in accordance with the Magistrate's F & R's, Respondent shall file a response to the Petition within 30 days of this Order. (Reader, L)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNATHAN ALLAN BAKER, 12 No. 2:17-cv-01812-GEB-GGH Petitioner, 13 v. 14 CLARK DUCART, ORDER 15 Respondent. 16 17 Petitioner is proceeding pro se and in forma pauperis in this matter which was assigned to 18 the magistrate judge pursuant to eastern District of California Local Rule 302(c)(17). On October 19 31, 2017 the magistrate issued Findings and Recommendations that Respondent’s Motion to 20 Dismissed for lack of jurisdiction, ECF No.5, be denied as moot, and Ordered that a Motion to 21 vacate the case assignment reflected in ECF No. 9 was denied as unnecessary. ECF No. 13. The 22 parties were granted fourteen (14) days to object. No objections have been filed. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 24 this court has conducted a de novo review of this case. Having reviewed the file, and the 25 magistrate judge’s findings and recommendations, the court ADOPTS the findings and 26 recommendations,. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. Respondent’s Motion to Dismiss is DENIED; 1 1 2 3 4 2. In accordance with the Magistrate’s Finding and Recommendations, Respondent shall file a response to the Petition within 30 days of this Order. IT IS SO ORDERED. Dated: November 30, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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