Opinion
No. CIV S-07-1797 MCE GGH P.
May 6, 2008
ORDER
Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.
On February 29, 2008, the magistrate judge filed findings and recommendations herein 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 twenty days. Respondents have filed objections to the findings and recommendations.
On April 7, 2008, petitioner filed a request for an extension of time to file a reply to respondent's objections. Good cause appearing, this request is granted and petitioner's reply filed April 10, 2008, is deemed timely filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed February 29, 2008, are adopted in full; and
2. Respondent's October 15, 2007, motion to dismiss is denied and respondent is ordered to file an answer to the petition.