Napoleon v. Yves
Filing
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ORDER ADOPTING 27 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Frank C. Damrell, Jr. on 6/6/2011. Respondent's 13 Motion to Dismiss for failure to exhaust administrative remedies is DENIED. Respondent filed an Answer on 5/23/2011, so petitioner is directed to file any Reply/Traverse within 28 days of filed date of Order. (Marciel, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ELIN NAPOLEON,
Petitioner,
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vs.
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No. CIV S-10-0940 FCD GGH P
RICHARD B. YVES,
Respondent.
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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of
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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.
On April 25, 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.
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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/////
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1. The findings and recommendations filed April 25, 2011, are adopted in full;
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2. Respondent’s September 24, 2010 (docket #13), motion to dismiss for failure
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to exhaust administrative remedies is denied; and
3. Respondent filed an answer on May 23, 2011; petitioner is directed to file any
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reply/traverse within twenty-eight days of the filed date of this order.
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DATED: June 6, 2011.
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_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE
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