Tidwell v. Martel

Filing 30

ORDER signed by Judge Kimberly J. Mueller on 8/28/2013 ORDERING that the 28 findings and recommendations are ADOPTED in full. Respondent's 18 motion to dismiss this action as time-barred is DENIED. Respondent is directed to file an answer to petitioner's habeas petition within sixty days from the date of this order. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JUAN M. TIDWELL, SR.,

12
13
14
15

No. 2:11-cv-0489 KJM CKD P

Petitioner,
v.

ORDER

WILLIAM KNIPP, et al.,
Respondents.

16
17

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

18

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

19

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

20

On April 18, 2013, the magistrate judge filed findings and recommendations, which were

21

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

22

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

23

the findings and recommendations.

24

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

25

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

26

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

27

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

28

and by the proper analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed April 18, 2013, are adopted in full;

3

2. Respondent’s August 24, 2012, motion to dismiss this action as time-barred (ECF No.

4
5

18) is denied; and
3. Respondent is directed to file an answer to petitioner’s habeas petition within sixty

6

days from the date of this order.

7

DATED: August 28, 2013.

8
9
10

UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2