Drakeford v. Lizaraga

Filing 18

ORDER signed by District Judge Kimberly J. Mueller on 4/5/2018 FINDINGS AND RECOMMENDATIONS 15 are ADOPTED in FULL; Respondent's 9 Motion to Dismiss is DENIED. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DRAKEFORD,

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No. 2:17-cv-1571 KJM DB P

Petitioner,

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v.

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J. LIZARAGA,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas

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corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 28, 2018, the magistrate judge filed findings and recommendations, which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. Respondent has filed

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objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the file, the court

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finds the findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 28, 2018, are adopted in full; and

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2. Respondent’s motion to dismiss (ECF No. 9) is denied.

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DATED: April 5, 2018.

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UNITED STATES DISTRICT JUDGE

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