Ramirez v. Davey

Filing 21

ORDER ADOPTING 20 Findings and Recommendations; ORDER GRANTING Respondent's 18 Motion to Dismiss in Part; ORDER DISMISSING Grounds One Through Five, Seven and Eight; ORDER REFERRING Case Back to Magistrate Judge for Further Proceedings, signed by Chief Judge Lawrence J. O'Neill on 9/15/16. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELEAZAR RAMIREZ, 12 Plaintiff, 13 v. 14 DAVE DAVEY, 15 No. 1:15-cv-01072 LJO JLT HC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 20) ORDER GRANTING RESPONDENT’S MOTION TO DISMISS IN PART (Doc. No. 18) Defendants. ORDER DISMISSING GROUNDS ONE THROUGH FIVE, SEVEN, AND EIGHT 16 17 ORDER REFERRING CASE BACK TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS 18 19 20 Petitioner Eleazar Ramirez is a state prisoner proceeding pro se and in propria persona 21 with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 26, 2016, the 22 Magistrate Judge assigned to the case issued Findings and Recommendations to grant in part 23 Respondent’s motion to dismiss the petition as unexhausted. (Doc. No. 18.) The Findings and 24 Recommendations were served upon all parties and contained notice that any objections were to 25 be filed within twenty-one days from the date of service of that order. To date, no party has filed 26 objections. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 28 1 1 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 2 the Magistrate Judge’s Findings and Recommendations are supported by the record and proper 3 analysis. 4 Accordingly, the court orders as follows: 5 1. 6 The Findings and Recommendations, filed July 26, 2016 (Doc. No. 20), are ADOPTED IN FULL; 7 2. Respondent’s motion to dismiss (Doc. No. 11) is GRANTED IN PART; 8 3. Grounds One through Five, Seven, and Eight are DISMISSED WITHOUT 9 10 11 PREJUDICE AS UNEXHAUSTED; 4. The matter is REFERRED BACK to the Magistrate Judge for further proceedings on Ground Six. 12 13 14 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ September 15, 2016 UNITED STATES CHIEF DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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