Davis v. Haviland

Filing 36

ORDER ADOPTING 35 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 8/8/13. The 32 Motion to Dismiss is DENIED; respondent shall file and serve an answer to the petition within 30 days; traverse due 30 days thereafter. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD DAVIS,

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No. 2:10-cv-01029 KJM DAD P

Petitioner,
v.

ORDER

JAMES HAVILAND,
Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed an amended application for a writ

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of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 20, 2013, the magistrate judge filed findings and recommendations, which were

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served on all parties and which contained notice to all parties that any objections to the findings

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and recommendations were to be filed within fourteen days. Neither party has filed objections to

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the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully

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reviewed the file, the court finds the findings and recommendations to be supported by the record

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and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 20, 2013, are adopted in full;

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2. Respondent's January 23, 2013 motion to dismiss (ECF No. 32) is denied; and

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3. Respondent shall file and serve an answer within thirty days from the service of this

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order; petitioner shall file and serve his traverse thirty days thereafter.

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DATED: August 8, 2013.

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UNITED STATES DISTRICT JUDGE
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