Leon v. Hartley

Filing 19

ORDER ADOPTING 18 FINDINGS AND RECOMMENDATION, DENYING Respondent's 15 Motion to Dismiss the Petition as Untimely, and Referring Matter Back to Magistrate Judge for Further Proceedings, signed by Chief Judge Anthony W. Ishii on 9/11/2009. (Sondheim, M)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 JAMES D. HARTLEY, Warden, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 On July 10, 2009, the Magistrate Judge issued Findings and Recommendation that the 18 Motion to Dismiss be DENIED. This Findings and Recommendation was served on all parties 19 and contained notice that any objections were to be filed within thirty (30) days of the date of 20 service of the order. Over thirty (30) days have passed and no party has filed objections. 21 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 22 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 23 Findings and Recommendation is supported by the record and proper analysis. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. 26 FULL; 27 28 1 The Findings and Recommendation issued July 10, 2009, is ADOPTED IN / [Docs. 15 & 18] v. GILBERTO LEON, Petitioner, 1:09-cv-00445-AWI-DLB (HC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING RESPONDENT'S MOTION TO DISMISS THE PETITION AS UNTIMELY, AND REFERRING MATTER BACK TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS

UNITED STATES DISTRICT COURT

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The Motion to Dismiss is DENIED; and, The matter is referred back to the Magistrate Judge for further proceedings.

IT IS SO ORDERED. Dated: 0m8i78 September 11, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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