Nichols v. Harris
Filing
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ORDER signed by Judge Garland E. Burrell, Jr on 9/26/11 ORDERING 19 Findings and Recommendations are adopted in full; 3 Motion to Stay is denied; and respondent shall file a response to the petition within 60 days of the date of this order.(Matson, R)
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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 ALLEN NICHOLS,
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Petitioner,
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vs.
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No. CIV S-11-0368 GEB EFB P
WILLIAM KNIPP,
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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 August 31, 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. Petitioner
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has filed objections to the findings and recommendations.
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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 entire
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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 August 31, 2011, are adopted in full;
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and
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2. Petitioner’s motion for stay, Dckt. No. 3, is denied.
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3. Respondent shall file a response to the petition within 60 days of the date of
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this order.
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Dated: September 26, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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