From Casetext: Smarter Legal Research

Tidwell v. Knipp

United States District Court, Ninth Circuit, California, E.D. California
Aug 28, 2013
2:11-cv-0489 KJM CKD P (E.D. Cal. Aug. 28, 2013)

Opinion


JUAN M. TIDWELL, SR., Petitioner, v. WILLIAM KNIPP, et al., Respondents. No. 2:11-cv-0489 KJM CKD P. United States District Court, E.D. California. August 28, 2013.

          ORDER

          KIMBERLY J. MUELLER, District Judge.

         Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         On April 18, 2013, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed objections to the findings and recommendations.

         The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed April 18, 2013, are adopted in full;

         2. Respondent's August 24, 2012, motion to dismiss this action as time-barred (ECF No. 18) is denied; and

         3. Respondent is directed to file an answer to petitioner's habeas petition within sixty days from the date of this order.


Summaries of

Tidwell v. Knipp

United States District Court, Ninth Circuit, California, E.D. California
Aug 28, 2013
2:11-cv-0489 KJM CKD P (E.D. Cal. Aug. 28, 2013)
Case details for

Tidwell v. Knipp

Case Details

Full title:JUAN M. TIDWELL, SR., Petitioner, v. WILLIAM KNIPP, et al., Respondents.

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

Date published: Aug 28, 2013

Citations

2:11-cv-0489 KJM CKD P (E.D. Cal. Aug. 28, 2013)