Jones v. Virga

Filing 17

ORDER signed by Judge Lawrence K. Karlton on 3/29/2013 ADOPTING 13 Findings and Recommendations in full and DENYING 11 Motion to Dismiss. Respondents are DIRECTED to file a response to petitioner's habeas petition within 60 days from the date of this order. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY WAYNE JONES,
Petitioner,

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vs.

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No. 2:12-cv-1138 LKK GGH HC

TIM VIRGA , et. al.,
Respondents.

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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.
On October 15, 2012, 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. Neither

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party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

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

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ORDERED that:

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1. The findings and recommendations filed October 15, 2012, are adopted in full;

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2. Respondent’s motion to dismiss (Doc. No. 11) is denied; and

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3. Respondents are directed to file a response to petitioner’s habeas petition

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within sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases.

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DATED: March 29, 2013.

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