(HC) Young v. Lozano, No. 2:2019cv01554 - Document 24 (E.D. Cal. 2020)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr on 3/10/2020 ADOPTING 23 Findings and Recommendations in full; DENYING 20 Motion to Dismiss, based on a lack of habeas corpus jurisdiction; Respondent's Motion to Dismiss, 20 , based on failure to raise a cognizable federal claim is DENIED without prejudice subject to renewal in Respondent's Answer; and Respondent is directed to file an answer to the instant petition within thirty days from the date of this order. (Mena-Sanchez, 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 HOWARD YOUNG, 12 13 14 No. 2:19-cv-01554 MCE GGH P Petitioner, v. ORDER JARED LOZANO, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 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. 20 On January 13, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. ECF No. 23. Neither 23 party has filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations filed January 13, 2020, ECF No. 23, are ADOPTED in full; 1 1 2 3 4 5 6 7 8 2. Respondent’s motion to dismiss, ECF No. 20, based on a lack of habeas corpus jurisdiction is DENIED; 3. Respondent’s motion to dismiss, ECF No. 20, based on failure to raise a cognizable federal claim is DENIED without prejudice subject to renewal in Respondent’s Answer; and 4. Respondent is directed to file an answer to the instant petition within thirty days from the date of this order. IT IS SO ORDERED. Dated: March 10, 2020 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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