(HC) Jimenez v. Sherman, No. 2:2017cv02093 - Document 28 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 7/30/2018 ADOPTING the 23 findings and recommendations in full. Respondent's 10 Motion to Dismiss is DENIED. Respondent shall respond to the petition within 20 days of electronic filing of this Order. (Zignago, K.)
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(HC) Jimenez v. Sherman Doc. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SALVADOR M. JIMENEZ, 12 Petitioner, ORDER v. 13 14 No. 2:17-cv-02093-MCE-GGH STEWART SHERMAN, Respondent. 15 16 17 On June 7, 2018, the magistrate judge served Findings and Recommendations in the 18 19 above-captioned matter recommending that Respondent’s Motion to Dismiss the petition for 20 failure to meet the statute of limitations be denied on equitable tolling principles. ECF No. 23. 21 The parties were warned that failure to file objections to the Order within the twenty-day period 22 could result in a waiver of the right to appeal the district court’s decision. ECF No. 23. 23 Respondent thereafter requested an extension of time to file objections, which request was 24 granted. ECF No. 25. Respondent filed objections on July 2, 2018. ECF No. 26. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 26 Court has conducted a de novo review of this case. Having reviewed the file and the magistrate 27 judge’s findings and recommendations, the Court ADOPTS the findings and recommendations in 28 full. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Respondent’s Motion to Dismiss, ECF No. 10, is DENIED; and 3 2. Respondent shall respond to the petition within 20 days of electronic filing of this Order. 4 5 IT IS SO ORDERED. Dated: July 30, 2018 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2