(HC) Millner v. Frauenheim, No. 2:2019cv01311 - Document 29 (E.D. Cal. 2020)
Court Description: ORDER signed by District Judge John A. Mendez on 7/29/20 ADOPTING 27 Findings and Recommendations and DENYING 11 Motion to Dismiss. Respondent shall file a response to petitioner's petition within 30 days of the date of this order. (Kaminski, H)
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(HC) Millner v. Frauenheim Doc. 29 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES W. MILLNER, 12 Petitioner, 13 14 No. 2:19-CV-1311-JAM-DMC v. ORDER SCOTT FRAUENHEIM, 15 Respondent. 16 Petitioner, a state prisoner proceeding with retained counsel, brings this petition 17 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 19 States Magistrate Judge pursuant to Eastern District of California local rules. On May 19, 2020, the Magistrate Judge filed findings and recommendations herein 20 21 which were served on the parties and which contained notice that the parties may file objections 22 within the time specified therein. Timely objections to the findings and recommendations have 23 been filed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 25 304(f), this Court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the Court finds the findings and recommendations to be supported by the record and by 27 proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 19, 2020, are adopted in full; 3 2. Respondent’s motion to dismiss (ECF No. 11) is denied; and 4 3. Respondent shall file a response to petitioner’s petition within 30 days of 5 the date of this order. 6 7 8 9 DATED: July 29, 2020 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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