Gomez v. Yates

Full title: MANUEL GOMEZ, Petitioner, v. JAMES A. YATES, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Sep 13, 2010

CV 09-4867 DSF(JC) (C.D. Cal. Sep. 13, 2010)

Opinion

MANUEL GOMEZ, Petitioner, v. JAMES A. YATES, Respondent. No. CV 09-4867 DSF(JC). United States District Court, C.D. California. September 13, 2010.

          ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          DALE S. FISCHER, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition"), all of the records herein, and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the United States Magistrate Judge's Report and Recommendation.

         IT IS HEREBY ORDERED that Respondent's Motion to Dismiss the Petition is denied and that Respondent shall file an Answer to the Petition within thirty (30) days of the entry of this Order.

         IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order and the United States Magistrate Judge's Report and Recommendation on Petitioner and on counsel for Respondent.

         IT IS SO ORDERED.