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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1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 RICHARD C. RODRIGUEZ, 6 Petitioner, 7 8 No. 2:15-cv-1154 JAM DB v. ORDER JOE LIZZARAGA, 9 Respondent. 10 11 Plaintiff, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus 12 pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge 13 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 14 On October 4, 2016, the magistrate judge filed findings and recommendations herein 15 which were served on all parties and which contained notice to all parties that any objections to 16 the findings and recommendations were to be filed within fourteen days. Neither party has filed 17 objections to the findings and recommendations. 18 The court has reviewed the file and finds the findings and recommendations to be 19 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 20 ORDERED that: 21 1. The findings and recommendations filed October 4, 2016, are adopted in full; and 22 2. Respondent’s motion to dismiss (ECF No. 17) based on petitioner’s failure to state a 23 cognizable claim is granted as to claim 1 and denied as to claim 6. 24 DATED: January 18, 2017 25 /s/John A. Mendez_________________________ 26 UNITED STATES DISTRICT COURT JUDGE 27 28 1

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