Morris v. Haviland

Filing 20

ORDER signed by Judge John A. Mendez on 11/10/2011 FINDINGS AND RECOMMENDATIONS # 18 are ADOPTED in FULL; Respondent's # 11 motion to dismiss is GRANTED; and Petitioner's # 19 request for an extension of time is GRANTED; within 60 days of this order, petitioner shall file an amended petition including factual allegations. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EARL C. MORRIS,

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Petitioner,

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No. CIV S-10-0897 JAM EFB P

vs.
JOHN W. HAVILAND,

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Respondent.

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ORDER
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Petitioner, a state prisoner proceeding without counsel, has filed an application for

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a 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 September 1, 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 fourteen days. Neither

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party has filed objections to the findings and recommendations.1

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///

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However, petitioner requested an extension of time to file an amended petition in the
event the undersigned adopts the magistrate judge’s findings and recommendations. Dckt. No.
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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed September 1, 2011, are adopted in
full;

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2. Respondent’s September 1, 2010 motion to dismiss is granted;

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3. Petitioner’s request for an extension of time is granted. Within 60 days of this

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order, petitioner shall file an amended petition including factual allegations showing: (1) that

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success on petitioner’s claims could accelerate his release and (2) that petitioner remains subject

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to the discipline imposed on February 17, 2008 or that collateral consequences flow from that

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discipline which prevent the case from being moot. Petitioner is admonished that failure to

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timely file an amended petition will result in a recommendation by the assigned magistrate judge

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that this action be dismissed.

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DATED: November 10, 2011

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/s/ John A. Mendez

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UNITED STATES DISTRICT COURT JUDGE

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