Opinion
No. CV 17-01269-PA (DFM)
03-16-2018
DONALD R. DOKINS, Petitioner, v. WARREN L. MONTGOMERY, Warden, Respondent.
Order Accepting Report and Recommendation of United States Magistrate Judge
Under 28 U.S.C. § 636, the Court has reviewed the Petition, Respondent's motion to dismiss, the other records on file herein, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Court accepts the report, findings, and recommendations of the Magistrate Judge.
IT IS THEREFORE ORDERED that: (1) Respondent's motion to dismiss is denied without prejudice to Respondent pleading procedural default to Petitioner's judicial bias claim in the answer; (2) Respondent is ordered to file an Answer to the Petition within thirty-five (35) days; and (3) Petitioner is ordered to file any Reply or Traverse thereto within twenty-one (21) days of service of Respondent's Answer. Dated: March 16, 2018
/s/_________
PERCY ANDERSON
United States District Judge