Rodriguez v. Gipson

Filing 70

ORDER signed by District Judge Troy L. Nunley on 12/4/15 ORDERING that the findings and recommendations filed October 6, 2015 are adopted; Respondent's motion to dismiss (ECF No. 56 ) is denied with the exception of the judicial notice sub-claim of Claim 2; and Respondent is directed to file an answer to the amended petition (ECF No. 37 ) within sixty days; and Petitioner's reply, if any, shall be filed and served within thirty days after the service of the answer. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS AMPARAN RODRIGUEZ,

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No. 2:12-cv-2260 TLN GGH P

Petitioner,

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v.

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DAVE DAVEY,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an 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.

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On October 6, 2015, 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. (ECF No. 69.) Neither

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party has filed 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 October 6, 2015 are adopted;

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2. Respondent’s motion to dismiss (ECF No. 56) is denied with the exception of the
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judicial notice sub-claim of Claim 2; and
3. Respondent is directed to file an answer to the amended petition (ECF No. 37) within

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sixty days; and Petitioner’s reply, if any, shall be filed and served within thirty days after the

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service of the answer.

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Dated: December 4, 2015

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Troy L. Nunley
United States District Judge

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