Hill v. Biter
Filing
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ORDER signed by Chief Judge Morrison C. England, Jr. on 9/16/2013 FINDINGS AND RECOMMENDATIONS 34 are ADOPTED in FULL; Respondents' 18 Motion to Dismiss is DENIED; Respondents are directed to file an answer to petitioner's habeas petiti on within 60 days from the date of this order, accompanied by all transcripts and other documents relevant to the issues presented in the petition; Petitioner's traverse, if any, be filed and served within 30 days after service of the answer. (Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CERON HILL,
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Petitioner,
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No. 2:12-cv-2098 MCE DAD P
v.
ORDER
MARTIN BITER, et al.,
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Respondents.
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Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 16, 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. Respondent has filed
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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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Court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed August 16, 2013 (ECF No. 34), are
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ADOPTED in full;
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2. Respondents’ January 29, 2013 motion to dismiss (ECF No. 18) is DENIED;
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3. Respondents are directed to file an answer to petitioner’s habeas petition within sixty
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days from the date of this order, see Rule 4, 28 U.S.C. foll. § 2254, accompanied by all transcripts
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and other documents relevant to the issues presented in the petition. See Rule 5, 28 U.S.C. foll. §
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2254; and
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4. Petitioner’s traverse, if any, be filed and served within thirty days after service of the
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answer.
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Dated: September 16, 2013
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