Diaz v. Knipp

Filing 40

ORDER signed by District Judge Morrison C. England, Jr., on 9/20/16, ORDERING that 39 the findings and recommendations are ADOPTED in full. Respondent's 24 motion to dismiss is GRANTED. Claims 1, 2, and 3 in the petition are dismissed. Respondent shall file a response to the remaining claim (Claim 4) in the petition within 30 days. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE G. DIAZ,

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Petitioner,

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No. 2:12-cv-2616-MCE-CMK-P

v.

ORDER

TIM PEREZ,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States

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Magistrate Judge pursuant to Eastern District of California local rules.
On August 8, 2016, the Magistrate Judge filed findings and recommendations

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herein which were served on the parties and which contained notice that the parties may file

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objections within a specified time. No objections to the findings and recommendations have been

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filed.

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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 y the Magistrate Judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 8, 2016, are adopted in full;

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2. Respondent’s motion to dismiss (Doc. 24) is granted;
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3. Claims 1, 2, and 3 in the petition are dismissed; and

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4. Respondent shall file a response to the remaining claim (Claim 4) in the

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petition within 30 days.
IT IS SO ORDERED.
Dated: September 20, 2016

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