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Coles v. Sisto

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 30, 2009

GEORGE EDWARD COLES, PETITIONER,
v.
D.K. SISTO, WARDEN, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding pro se, has filed an 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 April 23, 2009, 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. Neither party has filed objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed April 23, 2009, are adopted in full;

2. Respondent's February 4, 2009 motion to dismiss (Doc. No. 10) is denied without prejudice; and

3. Petitioner is granted thirty days leave to file a renewed motion for stay and abeyance in accordance with the instructions set forth in the findings and recommendations.

20090630

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