Mitchell v. Soto

Filing 10

ORDER ADOPTING 9 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 10/3/2014. Plaintiff's 8 Motion for Reconsideraton, construed as Motino for Relief from Judgment is GRANTED. The 6 Order of Dismissal and 7 Judgment entered 8/22/2014 is VACATED. The action shall proceed with service with Petition. [cc: Michael P. Farrell, Senior Assistant Attorney General] (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NEANO MITCHELL,

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No. 2:14-cv-1438 TLN GGH P

Petitioner,
v.

ORDER

JOHN SOTO,

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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 September 24, 2014, the magistrate judge filed findings and recommendations herein

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which were served on petitioner and which contained notice to Petitioner that any objections to

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the findings and recommendations were to be filed within fourteen days. Petitioner has not 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 September 24, 2014, are adopted in full;

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2. Plaintiff’s motion for reconsideration, filed September 8, 2014, construed as a motion
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for relief from judgment pursuant to Rule 60(b), (ECF No. 8), is granted;

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3. The order of dismissal and judgment entered August 22, 2014, is vacated; and

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4. This action shall proceed with service of the petition.

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Dated: October 3, 2014

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Troy L. Nunley
United States District Judge

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Mitc1438.800(2).hc

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