Anthony Brumfield v. Anthony Hedgpeth

Filing 26

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Margaret M. Morrow. The Court concurs with and adopts the findings, conclusions, and recommendations of the Magistrate Judge. IT IS HEREBY ORDERED t hat Respondent's Motion to Dismiss be DENIED. IT IS FURTHER ORDERED that Petitioner's request for leave to file a First AmendedPetition be GRANTED. Petitioner shall file a First Amended Petition amending Claim 3 within thirty (30) days of the date of this Order. IT IS SO ORDERED (See attached order for further details) (es)

1 2 3 4 5 6 7 8 9 10 12 13 15 16 17
v.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
) ) Case No. CV 09-0108-MMM (JEM) ) ) ) ORDER ADOPTING FINDINGS, ) CONCLUSIONS, AND ) RECOMMENDATIONS OF UNITED STATES ) MAGISTRATE JUDGE ) ) )

11 ANTHONY BRUMFIELD,
Petitioner,

14 ANTHONY HEDGEPETH, Warden,
Respondent.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, all the records and

18 files herein, and the Report and Recommendation of the United States Magistrate Judge. The 19 time for filing Objections to the Report and Recommendation has expired, and no Objections 20 have been filed. 22 23
The Court concurs with and adopts the findings, conclusions, and

21 recommendations of the Magistrate Judge.
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss be DENIED. IT IS FURTHER ORDERED that Petitioner's request for leave to file a First Amended

24 Petition be GRANTED. Petitioner shall file a First Amended Petition amending Claim 3 within 25 thirty (30) days of the date of this Order. Respondent may file an Answer to the First Amended 26 Petition within thirty (30) days of the date the First Amended Petition is filed. Petitioner may 27 file a single Reply responding to matters raised in the Answer within thirty (30) days of the date 28 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.

1 2

IT IS SO ORDERED.

3 DATED: June 15, 2010 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 2

MARGARET M. MORROW UNITED STATES DISTRICT JUDGE