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Vaughn v. Adams

United States District Court, E.D. California
Jun 24, 2006
1:01-cv-05241-OWW-DLB-HC, (Doc. 61) (E.D. Cal. Jun. 24, 2006)

Summary

finding that the state failed to meet its burden because it did not overcome the specific evidence submitted by the petitioner showing Dixon's inadequacy

Summary of this case from Lee v. Jacquez

Opinion

1:01-cv-05241-OWW-DLB-HC, (Doc. 61).

June 24, 2006


ORDER ADOPTING AMENDED AND CORRECTED FINDINGS AND RECOMMENDATIONS


Petitioner is a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.

On May 22, 2006, the Magistrate Judge filed Amended and Corrected Findings and Recommendations that the single claim raised in the instant petition for writ of habeas corpus is not procedurally defaulted, and the State be directed to file an answer to the instant petition within thirty days. These Amended and Corrected Findings and Recommendations were served on all parties and contained notice that any objections were to be filed within fifteen (15) days, and any replies thereto were to be filed within five (5) court days therefrom. On May 24, 2006, Respondent filed objections to the Findings and Recommendations. On May 30, 2006, Petitioner filed a reply thereto.

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, including Petitioner's objections, the Court concludes that the Magistrate Judge's Findings and Recommendations is supported by the record and proper analysis. Respondent's objections present no grounds for questioning the Magistrate Judge's analysis

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed May 22, 2006, are ADOPTED IN FULL;

2. The single claim raised in the instant petition for writ of habeas corpus is not procedurally defaulted; and,

3. The State shall file an answer to the instant petition within thirty (30) days from the date of service of this order.

IT IS SO ORDERED.


Summaries of

Vaughn v. Adams

United States District Court, E.D. California
Jun 24, 2006
1:01-cv-05241-OWW-DLB-HC, (Doc. 61) (E.D. Cal. Jun. 24, 2006)

finding that the state failed to meet its burden because it did not overcome the specific evidence submitted by the petitioner showing Dixon's inadequacy

Summary of this case from Lee v. Jacquez
Case details for

Vaughn v. Adams

Case Details

Full title:RAY LEE VAUGHN, Petitioner, v. D. ADAMS, Respondent

Court:United States District Court, E.D. California

Date published: Jun 24, 2006

Citations

1:01-cv-05241-OWW-DLB-HC, (Doc. 61) (E.D. Cal. Jun. 24, 2006)

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