Casillas v. Secretary of Corrections

Filing 53

ORDER ADOPTING 45 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DENYING 40 Respondent's Motion to Dismiss; and ORDER Directing Respondent to File an Answer to the Petition Within Sixty (60) Days signed by Chief Judge Lawrence J. O'Neill on 12/11/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OMAR CASILLAS,

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No. 1:17-00511-LJO-SKO

Petitioner,
v.
SECRETARY OF CORRECTIONS,

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Respondent.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
RESPONDENT’S MOTION TO DISMISS
(Docs. 40, 45)

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Petitioner Omar Casillas is a state prisoner proceeding with a petition for writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. The Court referred the matter to the Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304.
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On August 16, 2018, the Magistrate Judge filed findings and recommendations in which
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she recommended that the Court deny Respondent’s motion to dismiss the petition. The findings

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and recommendations, which were served on all parties, provided that objections could be served
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within thirty days.
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On October 9, 2018, Respondent filed objections. In accordance with the provisions of 28
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U.S.C. § 636(b)(1)(C), having carefully reviewed the entire file de novo and considered
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Respondent's objections, the Court concludes that the findings and recommendations are supported
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by the record and proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 16, 2018, be adopted in full (Doc. 45);

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2. Respondent’s motion to dismiss (Doc. 40) is denied;

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3. Respondent is ordered to file an answer to the petition within 60 days of this Order.
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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

December 11, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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