Zarazua v. Diaz

Filing 26

ORDER adopting 23 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 10/23/13: Respondent's motion to dismiss 13 is denied. Petitioner's motion for a stay 19 is denied without prejudice. Respondent is directed to file an answer to the petition within 30 days of this order. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SERGIO ZARAZUA,

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No. 2:12-cv-1500-JAM-EFB P

Petitioner,

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v.

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RALPH DIAZ,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ

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of 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 August 26, 2013, 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 fourteen days. Neither party has filed

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objections to the findings and recommendations.

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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 August 26, 2013, are adopted in full;

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2. Respondent’s motion to dismiss (ECF No. 13) is denied;
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3. Petitioner’s motion for a stay (ECF No. 19) is denied without prejudice; and

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4. Respondent is directed to file an answer to the petition within 30 days of this order.

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DATED: October 23, 2013
/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE

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