Mancilla v. Harris

Filing 30

ORDER ADOPTING 29 Findings and Recommendation, GRANTING Petitioner's Motion to Withdraw Claims 1, 2, and 3, DENYING Respondent's 21 Motion to Dismiss as Moot, and DISCHARGING the Court's April 6, 2015 Order to Show Cause, signed by District Judge Anthony W. Ishii on 7/16/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDREW MANCILLA,

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Petitioner,

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Case No. 1:14-cv-00935-AWI-GSA-HC
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, GRANTING
PETITIONER’S MOTION TO WITHDRAW
CLAIMS 1, 2, AND 3, DENYING
RESPONDENT’S MOTION TO DISMISS
AS MOOT, AND DISCHARGING THE
COURT’S APRIL 6, 2015 ORDER TO
SHOW CAUSE

v.
W.L. MUNIZ,
Respondent.

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(Doc. 29)
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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

19 pursuant to 28 U.S.C. § 2254.
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On May 18, 2015, the Magistrate Judge issued a Findings and Recommendation (“F&R”)

21 that recommended that Petitioner’s motion to withdraw claims 1, 2, and 3 from the petition be
22 granted and Respondent’s motion to dismiss be denied as moot. ECF No. 29. The F&R also
23 recommended discharging the Court’s April 6, 2015 order to show cause. On May 18, 2015, the
24 F&R was served on all parties and contained notice that any objections were to be filed within
25 thirty (30) days after the date of service of the Findings and Recommendations. The parties did
26 not file objections.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

28 a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that

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1 the Magistrate Judge's F&R is supported by the record and proper analysis, and there is no need
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendation issued May 18, 2015 is ADOPTED IN FULL;

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2. Petitioner’s motion to withdraw claims 1, 2, and 3 is GRANTED;

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3. Claims 1, 2, and 3 are DELETED from the petition;

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4. The Court’s April 6, 2015 order to show cause is DISCHARGED;

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5. Respondent’s motion to dismiss is DENIED as MOOT; and

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6. The matter is REFERRED BACK to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.

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SENIOR DISTRICT JUDGE

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