Coffin v. Evans

Filing 45

ORDER adopting 41 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 4/1/13: Respondent's motion to dismiss 36 is denied. Respondent is directed to file an answer to the petition within 60 days. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ROBERT COFFIN,

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Petitioner,
vs.
MATTHEW CATE,
Respondent.

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No. 2:10-cv-26 JAM EFB P

ORDER
/

Petitioner, a state prisoner proceeding with counsel, has filed this application for a

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writ 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 January 15, 2013, 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 fourteen days.

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Respondent has filed objections to the findings and recommendations and petitioner has filed a

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response thereto.

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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

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entire 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 January 15, 2013, are adopted in full;

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2. Respondent’s motion to dismiss (Dckt. No. 36) is denied; and

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3. Respondent is directed to file an answer to the petition within 60 days.

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DATED: April 1, 2013

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/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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