Demartha v. People of the State of Calfornia

Filing 18

ORDER signed by District Judge Troy L. Nunley on 5/25/2017 ADOPTING IN FULL 17 Findings and Recommendations; GRANTING IN PART 14 Motion to Dismiss; DISMISSING Ground 3 as exhausted; DIRECTING the respondent to respond to Grounds 1 & 2 within sixty (60) days; DIRECTING the petitioner to file a reply, if any, within thirty (30) days thereafter. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD W. DEMARTHRA, JR.,

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Petitioner,
v.

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ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

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No. 2:16-cv-00790-TLN-AC

Petitioner, a state prisoner proceeding pro se, has filed an application for a 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 April 17, 2017, 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. (ECF No. 17.) 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
ORDERED that:
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. 14) is granted in part;

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3. The following claim and any included sub-claims are dismissed as exhausted: Ground

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3;
4. Respondent is directed to file a response to Petitioner’s habeas petition addressing the

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remaining, properly exhausted claims (Grounds 1 and 2) within sixty days. See Rule 4, Fed. R.

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Governing § 2254 Cases. An answer shall be accompanied by all transcripts and other documents

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relevant to the issues presented in the petition. See Rule 5, Fed. R. Governing § 2254 cases; and

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5. Petitioner is directed to a reply, if any, within thirty days after service of the answer.

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Dated: May 25, 2017

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Troy L. Nunley
United States District Judge

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