Allen v. Calderon

Filing 81

ORDER ADOPTING FINDINGS and RECOMMENDATIONS 76 , Denying Petition For Writ of Habeas Corpus, and Directing Clerk of Court to Enter Judgement in Favor of Respondent signed by District Judge Lawrence J. O'Neill on 2/5/2009. CASE CLOSED.(Esteves, C)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 ART CALDERON, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant 16 to 28 U.S.C. § 2254. Petitioner is represented by Carolyn D. Phillips, Esq. 17 On November 19, 2008, the Magistrate Judge issued Findings and Recommendation that 18 the Petition for Writ of Habeas Corpus be DENIED. This Findings and Recommendation was 19 served on all parties and contained notice that any objections were to be filed within thirty (30) 20 days of the date of service of the order. 21 On January 30, 2009, Petitioner filed timely objections to the Findings and 22 Recommendation. 23 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 24 a de novo review of the case. Having carefully reviewed the entire file, including Petitioner's 25 objections, the Court concludes that the Magistrate Judge's Findings and Recommendation is 26 supported by the record and proper analysis. Petitioner's objections present no grounds for 27 questioning the Magistrate Judge's analysis. 28 1 / [Doc. 76] v. ERNEST LEE ALLEN, Petitioner, CV F 01-5994 LJO DLB HC ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING PETITION FOR WRIT OF HABEAS CORPUS, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT IN FAVOR OF RESPONDENT

UNITED STATES DISTRICT COURT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: b9ed48

Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendation issued November 19, 2008, is ADOPTED IN FULL; 2. 3. The Petition for Writ of Habeas Corpus is DENIED; and, The Clerk of the Court is DIRECTED to enter judgment in favor of Respondent.

IT IS SO ORDERED. February 5, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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