Mendoza v. Cate
Filing
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ORDER signed by Judge Morrison C. England, Jr on 9/30/11 ORDERING that the findings and recommendations filed August 26, 2011, are adopted in full; Respondent's November 3, 2010 motion to dismiss the petition as untimely 13 is denied; and Respondent is ordered to file an answer to the petition for a writ of habeas corpus within thirty days. (Becknal, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ARQUIMEDES MENDOZA,
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Petitioner,
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No. 2:09-cv-01710-MCE-DAD P
vs.
ORDER
MATTHEW CATE,
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Respondent.
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Petitioner, a federal prisoner proceeding pro se, has filed this application for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On August 26, 2011, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days. Respondent has filed
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objections to the findings and recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed August 26, 2011, are adopted in full;
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2. Respondent’s November 3, 2010 motion to dismiss the petition as untimely
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(Doc. No. 13) is denied; and
3. Respondent is ordered to file an answer to the petition for a writ of habeas
corpus within thirty days.
Dated: September 30, 2011
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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
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