Baker v. Ducart

Filing 14

ORDER signed by District Judge Garland E. Burrell, Jr. on 11/30/2017 ORDERING 11 Respondent's motion to dismiss is DENIED; the Court ADOPTES 13 the Findings and Recommendations; in accordance with the Magistrate's F & R's, Respondent shall file a response to the Petition within 30 days of this Order. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHNATHAN ALLAN BAKER,

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No. 2:17-cv-01812-GEB-GGH

Petitioner,

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v.

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CLARK DUCART,

ORDER

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Respondent.

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Petitioner is proceeding pro se and in forma pauperis in this matter which was assigned to

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the magistrate judge pursuant to eastern District of California Local Rule 302(c)(17). On October

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31, 2017 the magistrate issued Findings and Recommendations that Respondent’s Motion to

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Dismissed for lack of jurisdiction, ECF No.5, be denied as moot, and Ordered that a Motion to

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vacate the case assignment reflected in ECF No. 9 was denied as unnecessary. ECF No. 13. The

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parties were granted fourteen (14) days to object. No objections have been filed.

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

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

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magistrate judge’s findings and recommendations, the court ADOPTS the findings and

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recommendations,.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Respondent’s Motion to Dismiss is DENIED;
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2.

In accordance with the Magistrate’s Finding and Recommendations, Respondent

shall file a response to the Petition within 30 days of this Order.
IT IS SO ORDERED.
Dated: November 30, 2017

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