UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
August 28, 2007
DANA E. BAKER, PETITIONER,
K.K. CLARK, WARDEN, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge
ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) DENYING RESPONDENT'S MOTION TO DISMISS
[Docket Nos. 8, 16]
On September 21, 2006, Petitioner Dana E. Baker ("Petitioner"), a state prisoner proceeding pro se, filed a First Amended Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 4, 2007, Respondent filed a motion to dismiss the petition as untimely. On July 23, 2007, Magistrate Judge Cathy Ann Bencivengo issued a Report and Recommendation, recommending that the Court deny the motion to dismiss. This Court, having reviewed de novo the Magistrate Judge's Report, and there being no objections filed thereto, adopts the recommendation in full and DENIES Respondent's motion to dismiss.
Respondent shall file his Answer to the First Amended Petition on or before October 12, 2007, and Petitioner shall file his Traverse on or before November 13, 2007.
IT IS SO ORDERED.
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