Tuggle v. Spearman

Filing 18

ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 5/27/15 DENYING respondent's 10 Motion to Dismiss and directing respondent to file a response to the petition within 60 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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DAVID TUGGLE,

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Petitioner,

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No. 2:14-cv-1680 KJM DAD P

v.

ORDER

M.E. SPEARMAN, Warden,

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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 under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 6, 2015, the magistrate judge filed findings and recommendations, which were

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served on all parties and which contained notice to all parties that any objections to the findings

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and recommendations were to be filed within fourteen days. Neither party has filed objections to

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the findings and recommendations and respondent has affirmatively notified the court that he will

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not file objections. See ECF No. 17.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the court finds the findings and recommendations to be supported by the record and by

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the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 6, 2015, are adopted;

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2. Respondent’s motion to dismiss (Doc. No. 10) is denied; and

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3. Within sixty days of the date of this order, respondent is directed to file an answer to

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petitioner’s habeas petition, together with all transcripts and other documents relevant to the issues

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presented in the petition.

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DATED: May 27, 2015.

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UNITED STATES DISTRICT JUDGE

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