Taelieniu Faatiliga v. Hartley

Filing 15

ORDER Adopting FINDINGS AND RECOMMENDATION Denying Respondent's Motion to Dismiss, And Referring Matter Back To Magistrate Judge For Further Proceedings (Doc. 14 ), signed by District Judge Lawrence J. O'Neill on 4/20/2010. (Scrivner, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 JAMES D. HARTLEY, 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 March 1, 2010, the Magistrate Judge issued Findings and Recommendation 18 Respondent's motion to dismiss the instant petition as untimely be DENIED. (Court Doc. 14.) 19 This Findings and Recommendation was served on all parties and contained notice that any 20 objections were to be filed within thirty (30) days of the date of service of the order. Over thirty 21 (30) days have passed and no party has filed objections. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 23 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 24 Findings and Recommendation is supported by the record and proper analysis. 25 /// 26 /// 27 /// 28 1 / [Doc. 14] v. TAELIENIU FAATILIGA, Petitioner, 1:09-cv-02039-LJO-DLB (HC) ORDER ADOPTING FINDINGS AND RECOMMENDATION DENYING RESPONDENT'S MOTION TO DISMISS, AND REFERRING MATTER BACK TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS

UNITED STATES DISTRICT COURT

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: b9ed48

Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendation issued March 1, 2010, is ADOPTED IN FULL; 2. 3. Respondent's motion to dismiss the instant petition as untimely is DENIED; and The matter is referred back to the Magistrate Judge for further proceedings.

IT IS SO ORDERED. April 20, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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