Sarmiento v. Hill
Filing
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ORDER signed by Judge Lawrence K. Karlton on 5/15/2014 FINDINGS AND RECOMMENDATIONS 16 are ADOPTED in FULL; Respondent's 10 motion to dismiss petitioner's federal habeas corpus petition is DENIED; and respondent are ORDERED to file an answer within 60 days from the date of this order. (Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SAMUEL SARMIENTO,
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Petitioner,
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No. 2:13-CV-01338-LKK AC P
v.
ORDER
RICK HILL,
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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 April 1, 2014, the magistrate judge filed findings and recommendations herein which
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were served on all parties and which contained notice to all parties that any objections to the
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findings and recommendations were to be filed within twenty-one 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 April 1, 2014, are adopted in full;
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2. Respondent’s motion to dismiss petitioner’s federal habeas corpus petition (ECF No.
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10) is denied; and,
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3. Respondent is ordered to file an answer within 60 days from the date of this order.
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DATED: May 15, 2014.
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