Wheeler v. Price

Filing 15

ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 3/10/15. The 9 Motion to Dismiss is DENIED. Respondent is directed to file an answer within 14 days. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD WHEELER,

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No. 2:14-cv-0521 MCE KJN P

Petitioner,

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v.

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JEROME PRICE,

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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 February 4, 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. 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 February 4, 2015, are adopted in full;

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2. Respondent’s motion to dismiss (ECF No. 9) is denied; and
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3. Respondent is directed to file an answer within fourteen days from the filed date of this

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order.

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Dated: March 10, 2015

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