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Pereida v. Hartley

United States District Court, Ninth Circuit, California, E.D. California
Dec 15, 2010
1:10-cv-00860-OWW-JLT HC (E.D. Cal. Dec. 15, 2010)

Opinion


EUGENIO PEREIDA, Petitioner, v. JAMES D. HARTLEY, Warden, Respondent. No. 1:10-cv-00860-OWW-JLT HC. United States District Court, E.D. California. December 15, 2010.

         

         ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 15)

         ORDER DENYING MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS (Doc. 11)

         ORDER REMANDING PETITION FOR WRIT OF HABEAS CORPUS TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS

          OLIVER W. WANGER, District Judge.

         Petitioner is a state prisoner proceeding through retained counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

         On August 8, 2010, Respondent filed a motion to dismiss the petition, claiming lack of exhaustion. (Doc. 11). On November 4, 2010, the Magistrate Judge assigned to the case filed a Findings and Recommendations recommending that Respondent's motion to dismiss be denied. (Doc. 15). This Findings and Recommendations was served on all parties and contained notice that any objections were to be filed within twenty days from the date of service of that order. On November 24, 2010, Respondent filed objections to the Magistrate Judge's Findings and Recommendations. (Doc. 16). On November 30, 2010, Petitioner's counsel filed a response to Respondent's objections. (Doc. 17).

         In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, including Petitioner's objections, the Court concludes that the Magistrate Judge's Findings and Recommendations is supported by the record and proper analysis. Petitioner's objections present no grounds for questioning the Magistrate Judge's analysis.

         Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed November 4, 2010 (Doc. 15), is ADOPTED IN FULL;

2. Respondent's Motion to Dismiss (Doc. 11), is DENIED;

3. This petition for writ of habeas corpus is REMANDED to the United States Magistrate Judge assigned to this case for further proceedings.

         IT IS SO ORDERED.


Summaries of

Pereida v. Hartley

United States District Court, Ninth Circuit, California, E.D. California
Dec 15, 2010
1:10-cv-00860-OWW-JLT HC (E.D. Cal. Dec. 15, 2010)
Case details for

Pereida v. Hartley

Case Details

Full title:EUGENIO PEREIDA, Petitioner, v. JAMES D. HARTLEY, Warden, Respondent.

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

Date published: Dec 15, 2010

Citations

1:10-cv-00860-OWW-JLT HC (E.D. Cal. Dec. 15, 2010)