(HC) Rood v. Department of Corrections

Filing 41

ORDER Directing Respondent to Respond to Petitioner's Objections signed by Magistrate Judge Helena M. Barch-Kuchta on 07/16/2021. Fourteen-Day Deadline. (Flores, E)

Case 1:20-cv-01018-AWI-HBK Document 41 Filed 07/19/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COLTON JAMES ROOD,

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Petitioner,

Case No. 1:20-cv-01018-AWI-HBK
ORDER DIRECTING RESPONDENT TO
RESPOND TO PETITIONER’S OBJECTIONS

v.
FOURTEEN-DAY RESPONSE PERIOD
DEPARTMENT OF CORRECTIONS,
(Doc. No. 40)

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Respondent.

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Petitioner Colton James Rood, a state prisoner, has pending a pro se petition for writ of

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habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). On March 17, 2021, the undersigned issued

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findings and recommendations to grant Respondent’s motion to dismiss finding Petitioner had

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failed to exhaust his claims. (Doc. No. 32). On July 15, 2021, after being afforded extensions of

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time, Petitioner filed objections to the findings and recommendations, claiming he has now

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exhausted his claims before the state courts and/or “circumstances exist that render the state

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habeas process ineffective.” (Doc. No. 40 at 4). The Court finds it will benefit from a reply from

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Respondent.

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Accordingly, it is ORDERED:

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Within fourteen (14) days of the date of this order, Respondent shall file a reply to

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Petitioner’s objections to the findings and recommendations. (Doc. No. 40).

Case 1:20-cv-01018-AWI-HBK Document 41 Filed 07/19/21 Page 2 of 2
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Dated:

July 16, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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