Wynn v. Martel
Filing
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ORDER signed by Judge John A. Mendez on 5/12/2011 ADOPTING 14 Findings and Recommendations in full. Resp's 12 Motion to Dismiss is DENIED. Resp shall file an answer within 60 days. (Zignago, K.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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THOMAS PAUL WYNN,
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Petitioner,
No. CIV S-09-2728 JAM DAD P
Respondent.
ORDER
vs.
M. MARTEL,
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Petitioner, a state prisoner proceeding pro se, has filed this application for a writ
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of 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 March 10, 2011, the magistrate judge filed findings and recommendations
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herein which were served on all parties and which contained notice to all parties that any
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objections to the findings and recommendations were to be filed within twenty-one days.
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Respondent has filed 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
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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire
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file, the court finds the findings and recommendations to be supported by the record and by
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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed March 10, 2011, are adopted in full;
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2. Respondent’s August 23, 2010 motion to dismiss the habeas petition as
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untimely (Doc. No. 12) is denied; and
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3. Respondent shall file an answer within sixty days from the service of this
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order.
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DATED: May 12, 2011
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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE
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