Chestang v. Warden

Filing 16

ORDER signed by Judge John A. Mendez on 9/26/2012 ADOPTING 14 Findings and Recommendations in full; DENYING 9 Motion to Dismiss; DIRECTING Respondent to file his Answer within 21 days. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL K. CHESTANG,

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Petitioner,

No. 2:12-cv-0749 JAM CKD P

vs.

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WARDEN, CSP SOLANO,

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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 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 July 13, 2012, the magistrate judge filed findings and recommendations herein

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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. Petitioner has filed

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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 July 13, 2012, are adopted in full;

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2. Respondent’s May 29, 2012 motion to dismiss is denied; and

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3. Respondent is directed to file his answer within twenty-one days.

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DATED: September 26, 2012

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

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