Johnson v. Brown

Filing 20

ORDER denying 18 Motion for a ruling on the findings and recommendations signed by Magistrate Judge Dale A. Drozd on 08/23/11. (Plummer, 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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DAVID WAYNE JOHNSON,

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Petitioner,

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No. CIV S-10-1568 KJM DAD P

vs.
SWARTHOUT, Warden,

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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. On April 22, 2011, the undersigned issued findings

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and recommendations, recommending that respondent’s motion to dismiss be denied. While the

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findings and recommendations were pending, petitioner filed a motion requesting that the

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assigned district judge rule on those findings and recommendations. On August 12, 2011, the

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assigned district judge adopted the findings and recommendations in full and ordered respondent

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to file an answer to petitioner’s amended petition within sixty days, thereby rendering petitioner’s

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motion for a ruling moot.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for a ruling on

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the findings and recommendations (Doc. No. 18) is denied as moot.

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DATED: August 23, 2011.

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DAD:9
john1568.moot

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