Evans v. Soto

Filing 24

ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 17 Respondent's Motion to Dismiss; ORDER DISMISSING AS MOOT 19 , 21 , 22 Petitioner's Motions; and ORDER REFERRING the Case Back to the Magistrate Judge signed by District Judge Lawrence J. O'Neill on 10/22/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:12-cv-01652-LJO-BAM-HC

11 STEFAN E. EVANS,
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Petitioner,
v.

ORDER DENYING RESPONDENT’S MOTION
TO DISMISS (DOC. 17) AND DISMISSING
PETITIONER’S MOTIONS AS MOOT (DOCS.
19, 21, 22)

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15 SOTO, Warden,
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Respondent.

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ORDER RE: FINDINGS AND
RECOMMENDATIONS (DOC. 23)

ORDER REFERRING THE CASE BACK TO
THE MAGISTRATE JUDGE

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Petitioner is a state prisoner proceeding pro se and in forma

20 pauperis with a petition for writ of habeas corpus pursuant to 28
21 U.S.C. § 2254.

The matter was referred to the Magistrate Judge

22 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through 304.
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On September 13, 2013, the Magistrate Judge filed findings and

24 recommendations that Respondent’s motion to dismiss the petition be
25 denied, Petitioner’s motions be dismissed as moot, and the matter be
26 referred back to the Magistrate Judge for further proceedings.

The

27 findings and recommendations were served on all parties on the same
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The findings and recommendations advised the parties that
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1 objections could be filed within thirty days and replies within
2 fourteen days after the filing of objections.

Although the thirty-

3 day period for the filing of objections has passed, no objections
4 have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C),

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6 this Court has conducted a de novo review of the case.

Having

7 carefully reviewed the entire file, the Court finds that the report
8 and recommendations are supported by the record and proper analysis.
9 Thus, the Court will adopt the findings and recommendations.
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Accordingly, it is ORDERED that:

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1) Respondent’s motion to dismiss the petition as untimely is

12 DENIED; and
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2) Petitioner’s motions are DISMISSED as moot; and

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3) The matter is REFERRED back to the Magistrate Judge for

15 further proceedings, including directing Respondent to file an
16 answer to the petition.
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18 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

October 22, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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