Rodriguez v. Lizzaraga
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.)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
RICHARD C. RODRIGUEZ,
No. 2:15-cv-1154 JAM DB
Plaintiff, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 4, 2016, the magistrate judge filed findings and recommendations herein
which were served on all parties and which contained notice to all parties that any objections to
the findings and recommendations were to be filed within fourteen days. Neither party has filed
objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
1. The findings and recommendations filed October 4, 2016, are adopted in full; and
2. Respondent’s motion to dismiss (ECF No. 17) based on petitioner’s failure to state a
cognizable claim is granted as to claim 1 and denied as to claim 6.
DATED: January 18, 2017
/s/John A. Mendez_________________________
UNITED STATES DISTRICT COURT JUDGE
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