Bucci v. Busby

Filing 31

ORDER signed by Judge Garland E. Burrell, Jr on 10/30/2014 ADOPTING 30 Findings and Recommendations in Full. The 27 Motion to Dismiss is GRANTED as to Claims 3, 5, 6, and 8 on the grounds that they are barred by the statute of limitations on procedurally barred; respondent's motion to dismiss claim 7 is denied without prejudice. Petitioner shall file a second amended petition raising claims 1, 2 and 4 only within 30 days from the date of this order. (Donati, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

NICOLA CHRISTOPHER BUCCI,

12
13
14

No. 2:11-cv-3147-GEB-KJN-P

Petitioner,
v.

ORDER

TIMOTHY E. BUSBY,

15

Respondent.

16
17

Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ

18

of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States

19

Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On August 27, 2014, the magistrate judge filed findings and recommendations herein

21

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

22

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

23

objections to the findings and recommendations.

24

The court has reviewed the file and finds the findings and recommendations to be

25

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

26

ORDERED that:

27

1. The findings and recommendations filed August 27, 2014, are adopted in full; and

28

2. Respondent’s motion to dismiss (ECF No. 27) is granted as to claims 3, 5, 6, and 8 on
1

1

grounds that they are barred by the statute of limitations and procedurally barred; respondent’s

2

motion to dismiss claim 7 is denied without prejudice; and petitioner shall file a second amended

3

petition raising claims 1, 2, and 4 only within thirty days from the date of this order.

4

Dated: October 30, 2014

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2