Estrada v. Biter
ORDER Adopting 48 Findings and Recommendation, Denying In Part Petition for Writ of Habeas Corpus, and Referring Matter Back to Magistrate Judge for Evidentiary Hearing, signed by District Judge Dale A. Drozd on 1/17/17. (Gonzalez, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING IN PART
PETITION FOR WRIT OF HABEAS
CORPUS, AND REFERRING MATTER
BACK TO MAGISTRATE JUDGE FOR
(Doc. No. 48)
Petitioner is a state prisoner proceeding in forma pauperis with a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to the assigned magistrate
judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. On August 19, 2016, the
magistrate judge issued findings and recommendations recommending that an evidentiary hearing
be held with respect to petitioner’s first claim for relief and that relief be denied with respect to
the remaining claims of the pending petition. (Doc. No. 48.) The findings and recommendation
were served on the parties with notice provided that any objections thereto were to be filed within
thirty (30) days of the date of service of the order. Respondent filed a notice of no objection to
the findings and recommendations. (Doc. No. 52.) To date, petitioner has filed no objections to
the August 19, 2016findings and recommendations, and the time for doing so has passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has
conducted a de novo review of the case. Having carefully reviewed the entire file, the
undersigned concludes that the findings and recommendation are supported by the record and
1. The findings and recommendations issued August 19, 2016 (Doc. No. 48) are adopted
2. The petition for writ of habeas corpus is denied as to petitioner’s second and third
claims for relief; and
3. This matter is referred back to the magistrate judge in order to conduct an evidentiary
hearing with respect to petitioner’s first claim for federal habeas relief.
IT IS SO ORDERED.
January 17, 2017
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?