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