IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 20, 2010
TAELIENIU FAATILIGA, PETITIONER,
JAMES D. HARTLEY, RESPONDENT.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER ADOPTING FINDINGS AND RECOMMENDATION DENYING RESPONDENT'S MOTION TO DISMISS, AND REFERRING MATTER BACK TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS [Doc. 14]
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On March 1, 2010, the Magistrate Judge issued Findings and Recommendation Respondent's motion to dismiss the instant petition as untimely be DENIED. (Court Doc. 14.) This Findings and Recommendation was served on all parties and contained notice that any objections were to be filed within thirty (30) days of the date of service of the order. Over thirty (30) days have passed and no party has filed objections.
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, the Court finds that the Findings and Recommendation is supported by the record and proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendation issued March 1, 2010, is ADOPTED IN FULL;
2. Respondent's motion to dismiss the instant petition as untimely is DENIED; and
3. The matter is referred back to the Magistrate Judge for further proceedings.
IT IS SO ORDERED.
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