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Gomez v. Yates

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 13, 2010

MANUEL GOMEZ, PETITIONER,
v.
JAMES A. YATES, RESPONDENT.

The opinion of the court was delivered by: Honorable Dale S. Fischer United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition"), all of the records herein, and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the United States Magistrate Judge's Report and Recommendation.

IT IS HEREBY ORDERED that Respondent's Motion to Dismiss the Petition is denied and that Respondent shall file an Answer to the Petition within thirty (30) days of the entry of this Order.

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order and the United States Magistrate Judge's Report and Recommendation on Petitioner and on counsel for Respondent.

IT IS SO ORDERED.

20100913

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