Hines v. Ylst
Filing
338
ORDER signed by District Judge Troy L. Nunley on 2/20/2018 ADOPTING in FULL 331 Findings and Recommendations; DENYING 264 Motion to Expand Record; Respondent is DIRECTED to file a motion for summary judgment on all remaining issues according to a briefing schedule set by the court. The matter is REFERRED back to the magistrate judge for further proceedings. (Washington, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
GARY DALE HINES,
12
13
14
No. 2:98-cv-0784-TLN-EFB DP
Petitioner,
v.
ORDER
RONALD DAVIS,
15
Respondent.
16
17
Plaintiff is a state death-row prisoner seeking a writ of habeas corpus under 28 U.S.C.
18
§ 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.
19
§ 636(b)(1)(B) and Local Rule 302.
20
On July 28, 2017, the magistrate judge filed findings and recommendations herein, which
21
were served on all parties and which contained notice to all parties that any objections to the
22
findings and recommendations were to be filed within fourteen days. (ECF No. 331.) Neither
23
party has filed objections to the findings and recommendations.
24
The Court has reviewed the file and finds the findings and recommendations to be
25
supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
26
ORDERED that:
27
1. The findings and recommendations filed July 28, 2017, are adopted in full;
28
2. Petitioner’s motion to expand the record (ECF No. 264) is denied without prejudice;
1
1
2
3. Respondent will be directed to file a motion for summary judgment on all remaining
issues according to a briefing schedule set by the Court; and
3
4. The matter is referred back to the magistrate judge for further proceedings, including
4
setting a status conference or a briefing schedule on a motion for summary judgment.
5
6
Dated: February 20, 2018
7
8
9
10
Troy L. Nunley
United States District Judge
11
12
13
14
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?