Turner v. Duffy

Filing 16

ORDER signed by Senior Judge William B. Shubb on 5/9/2017 ORDERING that the findings and recommendations filed April 17, 2017, are ADOPTED in full; Respondent's motion to dismiss (ECF No. 11 ) is GRANTED; the claim identified as "Claim I" in petitioner's application for writ of habeas corpus is DISMISSED; and Respondent shall FILE his answer to petitioner's remaining claims within 30 days. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT C. TURNER,

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No. 2:15-cv-2356 WBS CKD P

Petitioner,

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v.

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BRIAN DUFFY,

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ORDER

Respondent.

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Petitioner is a California prisoner proceeding through counsel with an application for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States

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

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On April 17, 2017, the magistrate judge filed findings and recommendations herein which

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

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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 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

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

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and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 17, 2017, are adopted in full;

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2. Respondent’s motion to dismiss (ECF No. 11) is granted;

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3. The claim identified as “Claim I” in petitioner’s application for writ of habeas corpus is

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dismissed; and
4. Respondent shall file his answer to petitioner’s remaining claims within 30 days.
Dated: May 9, 2017

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turn2356.jo

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