McCorkle v. Spearman
Filing
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ORDER signed by District Judge John A. Mendez on 9/28/17 ORDERING that the findings and recommendations filed 8/31/17, are ADOPTED in full; Respondent's 12/6/16 motion to dismiss for failure to exhaust 13 is DENIED; Respondent is directed to file and serve either an answer or a motion in response to petitioner's amended petition 21 within 60 days from the date of this order. (Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RANDY KEITH McCORKLE,
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Petitioner,
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No. 2:16-cv-2368-JAM-EFB P
v.
ORDER
SPEARMAN,
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Respondent.
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Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ
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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.
On August 31, 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.
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:
1. The findings and recommendations filed August 31, 2017, are adopted in full;
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/////
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2. Respondent’s December 6, 2016 motion to dismiss for failure to exhaust (ECF No. 13)
is denied;
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3. Respondent is directed to file and serve either an answer or a motion in response to
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petitioner’s amended petition (ECF No. 21) within 60 days from the date of this order.
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Any response shall be accompanied by any and all transcripts or other documents
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relevant to the determination of the issues presented in the application;
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4. Petitioner is directed to file and serve his reply, if any, to respondent’s answer within
30 days of service of the answer; and
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5. If the response to petitioner’s amended petition is a motion, petitioner is directed to
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file an opposition or statement of non-opposition within 30 days of service of the
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motion, and respondent be directed to file his reply, if any, within 14 days thereafter .
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DATED: September 28, 2017
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/s/ John A. Mendez_____________ _________
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UNITED STATES DISTRICT COURT JUDGE
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