Hernandez v. Lewis

Filing 30

ORDER signed by District Judge Lawrence J. O'Neill on 9/30/2013 adopting 27 FINDINGS AND RECOMMENDATIONS and denying 24 Motion to Dismiss. Matter referred to the assigned Magistrate Judge. (Lundstrom, T)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10
11

1:12-cv-01661 LJO MJS HC
JESUS CIANEZ HERNANDEZ,

ORDER ADOPTING
Petitioner, RECOMMENDATION

12
13

FINDINGS

AND

v.
(Doc. 27)

14
15

GREG LEWIS,
Respondent.

16
17
18
19

Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254.

20

On February 4, 2013, Respondent filed a motion to dismiss the petition as

21

untimely filed under 28 U.S.C. § 2244(d). On August 19, 2013, the Magistrate Judge

22

issued a Findings and Recommendation that the Motion to Dismiss be DENIED. This

23

Findings and Recommendation was served on all parties with notice that any objections

24

were to be filed within thirty days of the date of service of the order. Respondent filed

25

objections on September 12, 2013, and Petitioner filed a reply to the objections on

26

September 26, 2013.

27

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

28

conducted a de novo review of the case. Accordingly, having carefully reviewed the
1

1

entire file, including Respondent's objections and Petitioner's reply, the Court concludes

2

that the Magistrate Judge's Findings and Recommendation is supported by the record

3

and proper analysis.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1.

The Findings and Recommendation issued August 19, 2013, is ADOPTED;

6

2.

Respondent’s Motion to Dismiss is DENIED; and

7

3.

The matter is referred to the assigned Magistrate Judge for further

8

adjudication consistent with this order.

9
10
11
12

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

September 30, 2013

UNITED STATES DISTRICT JUDGE
13
14

DEAC _Signature- END:

b9ed48bb

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2