Joseph v. Swarthout

Filing 29

ORDER signed by Judge John A. Mendez on 2/22/2012 ORDERING that the 26 findings and recommendations filed 12/13/2011, are ADOPTED IN FULL. Respondent's 23 motion to dismiss, filed on 6/27/2011 is DENIED. Respondent is directed to file an answer as to claim 1 within sixty (60) days, and thereafter, within sixty days, petitioner is directed to file any reply/traverse. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN GONZALES JOSEPH,

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Petitioner,

No. CIV S-11-0260 JAM GGH P

vs.
GARY SWARTHOUT,

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Respondent.

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ORDER
/

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

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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 December 13, 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.

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Respondent has filed objections to the findings and recommendations to which petitioner has

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filed a reply.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the

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entire file, the court finds the findings and recommendations to be supported by the record and by
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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 13, 2011, are adopted in

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full;

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2. Respondent’s motion to dismiss, filed on June 27, 2011 (docket # 23), is
denied; and
3. Respondent is directed to file an answer as to claim 1 within sixty (60) days,

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and thereafter, within sixty days, petitioner is directed to file any reply/traverse.

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DATED: February 22, 2012

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/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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