Landeros v. Soledad State Prison

Filing 22

ORDER ADOPTING IN FULL FINDINGS and RECOMMENDATIONS filed 1/4/05 re 17 Findings and Recommendations to dismiss case. CASE CLOSED. Signed by Judge Robert E. Coyle on 12/16/05. (Keeler, P)

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(HC) Landeros v. Soledad State Prison Doc. 22 Case 1:03-cv-06830-REC-TAG 1 2 3 4 5 6 7 8 9 10 11 12 13 v. 14 15 16 17 18 SOLEDAD STATE PRISON, Respondent. ARTHUR LANDEROS, Petitioner, Document 22 Filed 12/16/2005 Page 1 of 2 U N IT E D STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) 1:03-cv-06830-REC-TAG HC ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 17) ORDER DISMISSING THIRD AMENDED PETITION FOR WRIT OF HABEAS CORPUS (Doc. 12) ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. 2254. 20 On January 4, 2005, the Magistrate Judge assigned to the case filed a Report and 21 Recommendations recommending that the third amended petition for writ of habeas corpus be 22 DISMISSED for failure to file the original Petition within the one-year time period provided for in 23 28 U.S.C. 2244(d)(1), for lack of jurisdiction, and for failure to exhaust state court remedies. (Doc. 24 17). The Report and Recommendations were served on all parties and contained notice that any 25 objections were to be filed within thirty days from the date of service of that order. On January 28, 26 2005, Petitioner timely filed objections to the Magistrate Judge's Report and Recommendations. 27 (Doc. 18). 28 1 Dockets.Justia.com Case 1:03-cv-06830-REC-TAG 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 Document 22 Filed 12/16/2005 Page 2 of 2 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 Report and Recommendations are supported by the record and proper analysis. Petitioner's objections present no grounds for questioning the Magistrate Judge's analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The Report and Recommendations issued January 4, 2005 (Doc. 17), are ADOPTED IN FULL; 2. The third amended petition for writ of habeas corpus (Doc. 12), is DISMISSED; and 3. The Clerk of Court is DIRECTED to ENTER JUDGMENT for Respondent. IT IS SO ORDERED. Dated: 668554 December 16, 2005 /s/ Robert E. Coyle UNITED STATES DISTRICT JUDGE 2

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