Cole v. People of the State of California

Filing 36

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/17/11 ORDERING respondent's 06/24/10 request to substitute Warden Anthony Hedgpeth as respondent in this action 26 is granted. The clerk of the court is dir ected to amend the docket to reflect that Warden Anthony Hedgpeth is the respondent in this action. Also, RECOMMENDING that respondent's motion to dismiss the petition as untimely be granted in part and denied in part as follows: Respondent 9;s 06/24/10 motion to dismiss petitioner's second and fourth claims as time-barred 26 be granted; and respondent's 06/24/10 motion to dismiss petitioner's first and third claims as time-barred 26 be denied. MOTION to DISMISS 26 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)

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