Fellows v. Hartley

Filing 17

ORDER signed by District Judge Lawrence J. O'Neill on 1/28/2010 adopting in full 15 FINDINGS AND RECOMMENDATIONS; denying 12 Motion to Dismiss and referring case back to Magistrate Judge for further proceedings. (Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 GERALD FELLOWS, 12 13 14 15 WARDEN J. D. HARTLEY, 16 17 18 19 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 20 pursuant to 28 U.S.C. § 2254. 21 On July 14, 2009, Respondent filed a motion to dismiss the petition. (Doc. 12). On 22 January 7, 2010, the Magistrate Judge assigned to the case filed a Findings and 23 Recommendations recommending that Respondent's motion to dismiss be denied. (Doc. 15). 24 This Findings and Recommendations was served on all parties and contained notice that any 25 objections were to be filed within twenty days from the date of service of that order. On January 26 27, 2010, Respondent filed objections to the Magistrate Judge's Findings and Recommendations. 27 (Doc. 16). 28 1 Respondent. v. Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-00294-LJO-JLT HC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 15) ORDER DENYING MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS (Doc. 12) ORDER REFERRING CASE TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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 Dated: 66h44d

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, including Respondent's objections, the Court concludes that the Magistrate Judge's Findings and Recommendations is supported by the record and proper analysis. Respondent's objections present no grounds for questioning the Magistrate Judge's analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations, filed January 7, 2010 (Doc. 15), is ADOPTED IN FULL; 2. 3. Respondent's Motion to Dismiss (Doc. 12), is DENIED; The case is REFERRED back to the Magistrate Judge for further proceedings.

IT IS SO ORDERED. January 28, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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