Salazar v. Cate

Filing 24

ORDER signed by Senior Judge Lawrence K. Karlton on 3/21/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/1/11 23 are ADOPTED in full; Respondent's MOTION to DISMISS 14 is DENIED; Respondents are directed to file an answer to the petition within twenty-eight days of the filed date of this order. (Mena-Sanchez, L)

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-GGH (HC) Salazar v. Chavez Doc. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. FRANK X. CHAVEZ, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 1, 2011, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that: ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSE ESCOBEDO SALAZAR, Petitioner, No. CIV S-09-3585 LKK GGH P ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. The findings and recommendations filed February 1, 2011, are adopted in full; 2. Respondents' motion to dismiss (docket #14) is denied; 3. Respondents are directed to file an answer to the petition within twenty-eight days of the filed date of this order. DATED: March 21, 2011. 2

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