Martinez v. Cate

Filing 15

ORDER Adopting FINDINGS AND RECOMMENDATION, ORDER Denying Motion To Dismiss (Document # 12 & # 14 ), signed by Chief Judge Anthony W. Ishii on 4/27/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL J. MARTINEZ,

1:11-cv-00572-AWI-MJS (HC)

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Petitioner,

ORDER ADOPTING FINDINGS AND
RECOMMENDATION

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v.

ORDER DENYING MOTION TO DISMISS

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MATTHEW CATE, Director,

(Document #12 & #14)

Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254.

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On January 4, 2012, the Magistrate Judge issued a Findings and Recommendation

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that the Motion to Dismiss be DENIED. This Findings and Recommendation was served

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on all parties with notice that any objections were to be filed within thirty days of the date

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of service of the order. Neither party objected to the Findings and Recommendation.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has

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conducted a de novo review of the case. Accordingly, having carefully reviewed the entire

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file, the Court concludes that the Magistrate Judge's Findings and Recommendation is

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supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendation issued January 4, 2012, is ADOPTED;

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2.

Respondent’s Motion to Dismiss is DENIED; and

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The matter is referred to the assigned Magistrate Judge for further
adjudication consistent with this order.

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IT IS SO ORDERED.

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Dated:
0m8i78

April 27, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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