McCorkle v. Spearman

Filing 23

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RANDY KEITH McCORKLE, 12 Petitioner, 13 14 No. 2:16-cv-2368-JAM-EFB P v. ORDER SPEARMAN, 15 Respondent. 16 Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ 17 18 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 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 20 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. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed August 31, 2017, are adopted in full; 27 28 ///// 1 1 2 2. Respondent’s December 6, 2016 motion to dismiss for failure to exhaust (ECF No. 13) is denied; 3 3. Respondent is directed to file and serve either an answer or a motion in response to 4 petitioner’s amended petition (ECF No. 21) within 60 days from the date of this order. 5 Any response shall be accompanied by any and all transcripts or other documents 6 relevant to the determination of the issues presented in the application; 7 8 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 9 5. If the response to petitioner’s amended petition is a motion, petitioner is directed to 10 file an opposition or statement of non-opposition within 30 days of service of the 11 motion, and respondent be directed to file his reply, if any, within 14 days thereafter . 12 DATED: September 28, 2017 13 /s/ John A. Mendez_____________ _________ 14 UNITED STATES DISTRICT COURT JUDGE 15   16 17 18 19 20 21 22 23 24 25 26 27 28 2

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