Rodriguez v. Lizzaraga

Filing 33

ORDER signed by District Judge John A. Mendez on 1/18/2017 ADOPTING IN FULL 27 Findings and Recommendations; GRANTING 17 Motion to Dismiss as to Claims 1; DENYING 17 Motion to Dismiss as to Claim 6. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD C. RODRIGUEZ,

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Petitioner,

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No. 2:15-cv-1154 JAM DB

v.

ORDER

JOE LIZZARAGA,

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Respondent.

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Plaintiff, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus

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

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

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On October 4, 2016, 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 October 4, 2016, are adopted in full; and

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2. Respondent’s motion to dismiss (ECF No. 17) based on petitioner’s failure to state a

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cognizable claim is granted as to claim 1 and denied as to claim 6.

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DATED: January 18, 2017

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/s/John A. Mendez_________________________

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UNITED STATES DISTRICT COURT JUDGE

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