Galloway v. Cates et al

Filing 23

ORDER signed by Judge Kimberly J. Mueller on 1/23/12 ADOPTING in full 19 Findings and Recommendations; DENYING 11 Motion to Dismiss; and WITHDRAWING 14 Motion to Amend the Complaint. Petitioner is GRANTED 30 days leave to file a declaration notifying the court as to how he wishes to proceed in this case. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER LYNN GALLOWAY,
Petitioner,

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vs.

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No. CIV S-11-1464 KJM DAD P

R.H. TRIMBLE, Warden,
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 under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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

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On November 8, 2011, the magistrate judge filed findings and recommendations,

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

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the findings and recommendations were to be filed within twenty-one days. Neither party has

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filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 8, 2011, are adopted in

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full;

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2. Respondent’s July 22, 2011 motion to dismiss (Doc. No. 11) is denied;

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3. Petitioner’s motion to amend (Doc. No. 14) is deemed withdrawn; and

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4. Petitioner is granted thirty days leave to file a declaration notifying the court

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as to how he wishes to proceed in this case.
DATED: January 23, 2012.

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UNITED STATES DISTRICT JUDGE

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