Erhardt v. Fisher

Filing 16

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRITZ ALFREDO ERHARDT, 12 13 14 No. 2:16-cv-1002 JAM KJN P Petitioner, v. ORDER RAYTEHL FISHER, JR., 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 27, 2017, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed January 27, 2017, are adopted in full. 28 2. Respondent’s motion to dismiss (ECF No. 13) is granted; 1 1 2 3 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 4 petition within sixty days from the filed date of this order. 5 DATED: March 29, 2017 6 /s/ John A. Mendez_________________________ 7 UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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