Dixon v. Yates

Filing 42

ORDER ADOPTING 35 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 6/10/2014. The previously-issued 20 Findings and Recommendations are VACATED and respondent's 8 Motion to Dismiss is DENIED. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK DIXON,

No. 2:10-cv-0631 JAM AC P

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Petitioner,
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v.

ORDER

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JAMES YATES,
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Respondent.
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Petitioner, a state prisoner proceeding with retained counsel, has filed this 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.

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On January 8, 2014, 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. Respondent was granted
two extensions of time1 to file objections to the findings and recommendations and has done so.
Petitioner has filed a reply to the objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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ECF Nos. 37, 39.
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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 January 8, 2014, are adopted in full;

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2. The previously-issued Findings and Recommendations (ECF No. 20) are vacated; and

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3. The motion to dismiss (ECF No. 8) is denied.

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DATED: June 10, 2014

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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