Gonzalez v. On Habeas Corpus
Filing
23
ORDER ADOPTING FINDINGS and RECOMMENDATIONS and DENYING Respondent's Motion to Dismiss 8 , 19 , signed by District Judge Dale A. Drozd on 3/2/2019: The Clerk of the Court is directed to amend the caption to identify Michael Sexton, rather than "On Habeas Corpus," as the respondent in this action; and The matter is referred back to the assigned magistrate judge for further proceedings. (Hellings, J)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
LUIS MIGUEL GONZALEZ,
12
Petitioner,
13
14
No. 1:18-cv-00039-DAD-JDP (HC)
v.
MICHAEL SEXTON,
15
Respondent.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
RESPONDENT’S MOTION TO DISMISS
(Doc. Nos. 8, 19)
16
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
17
18
pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) On March 13, 2018, respondent moved to dismiss
19
the pending petition arguing that it was untimely filed. On January 4, 2019, the assigned
20
magistrate judge issued findings and recommendations recommending that respondent’s motion
21
to dismiss be denied. (Doc. No. 19.) Those findings and recommendations were served on the
22
parties and provided notice that any objections thereto were to be filed within fourteen days of
23
service. (Id.)
On January 22, 2019, the magistrate judge granted respondent an extension of time to file
24
25
objections to the findings and recommendations. (Doc. No. 21.) To date, respondent has not
26
objected to the findings and recommendations, and the time period for doing so has expired.
27
/////
28
/////
1
1
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a
2
de novo review of the case. Having carefully reviewed the entire file, the court concludes that the
3
magistrate judge’s findings and recommendation are supported by the record and proper analysis.
4
Accordingly:
5
1. The findings and recommendations issued on January 4, 2019 (Doc. No. 19) are
6
adopted in full;
7
2. Respondent’s motion to dismiss (Doc. No. 8) is denied;
8
3. The Clerk of the Court is directed to amend the caption to identify Michael Sexton,
rather than “On Habeas Corpus,” as the respondent in this action; and
9
10
4. The matter is referred back to the assigned magistrate judge for further
11
12
13
14
proceedings.
IT IS SO ORDERED.
Dated:
March 2, 2019
UNITED STATES DISTRICT JUDGE
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
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?