Daniel Trevor Bowles v. Stolc

Filing 52

ORDER ADOPTING, FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for Report and Recommendation (Issued) 48 , by Judge Dolly M. Gee: IT IS HEREBY ORDERED that Respondents Motion to Dismiss be granted as to Ground Five an d denied as to Ground Six. IT IS FURTHER ORDERED that Ground Five of the First Amended Petition for Writ of Habeas Corpus be dismissed with prejudice. Respondent shall file an Answer to the First Amended Petition within thirty (30) days of the date of this Order. Petitioner may file a single Reply responding to matters raised in the Answer within thirty (30) days of the date the Answer is filed and served. Unless otherwise ordered by the Court, this case shall be deemed submitted on the day following the date Petitioner's Reply to the Answer is due. (sl)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has expired, and no Objections have been filed. The Court concurs with and adopts the findings, conclusions, and v. BRUNO STOLC, Warden, Respondent. DANIEL TREVOR BOWLES, Petitioner, ) ) ) ) ) ) ) ) ) ) ) Case No. CV 08-5021-DMG (JEM) ORDER ADOPTING FINDINGS, CONCLUSIONS, AND R E C O M M E N D A T I O N S OF UNITED STATES MAGISTRATE JUDGE

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

recommendations of the Magistrate Judge. IT IS HEREBY ORDERED that Respondent's Motion to Dismiss be granted as to Ground Five and denied as to Ground Six. IT IS FURTHER ORDERED that Ground Five of the First Amended Petition for Writ of Habeas Corpus be dismissed with prejudice. Respondent shall file an Answer to the First Amended Petition within thirty (30) days of the date of this Order. Petitioner may file a single Reply responding to matters raised in the Answer within thirty (30) days of the date the Answer is filed and served. Unless otherwise ordered by the Court, this

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

case shall be deemed submitted on the day following the date Petitioner's Reply to the Answer is due. DATED: June 18, 2010 DOLLY M. GEE UNITED STATES DISTRICT JUDGE