Erhardt v. Fisher
Filing
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ORDER signed by District Judge John A. Mendez on 3/29/2017 ADOPTING IN FULL 15 Findings and Recommendations; GRANTING 13 Motion to Dismiss; DIRECTING the Clerk of Court to strike the petitioner's fourth ground from the 1 Petition for Writ of Habeas Corpus; ORDERING the respondent to file a responsive pleading to grounds one through three of said petition within sixty days. (Michel, G.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRITZ ALFREDO ERHARDT,
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No. 2:16-cv-1002 JAM KJN P
Petitioner,
v.
ORDER
RAYTEHL FISHER, JR.,
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Respondent.
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On January 27, 2017, 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 January 27, 2017, are adopted in full.
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2. Respondent’s motion to dismiss (ECF No. 13) is granted;
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3. The Clerk of the Court is directed to strike petitioner’s fourth ground from the petition
(ECF No. 1 at 10, 24); and
4. Respondent is ordered to file a responsive pleading to grounds one through three of the
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petition within sixty days from the filed date of this order.
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DATED: March 29, 2017
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/s/ John A. Mendez_________________________
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UNITED STATES DISTRICT COURT JUDGE
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