Crockett v. Barnes

Filing 29

ORDER signed by Judge Frank C. Damrell, Jr on 6/6/11 ADOPTING 27 Findings and Recommendations in full, DENYING 21 Motion to Dismiss and DIRECTING RESPONDENT to File a Response to Petition within 60 days of the filed date of this order. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON WILSON CROCKETT,
Petitioner,

ORDER

vs.

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No. CIV S-10-2296 FCD GGH P

Respondent.

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R. BARNES,

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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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1. The findings and recommendations filed April 25, 2011, are adopted in full;
and
2. Respondent’s January 14, 2011, motion to dismiss (docket 21) is denied, and

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respondent shall file an answer to the petition within sixty 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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