Miles v. Espinosa

Filing 21

ORDER ADOPTING FINDINGS and RECOMMENDATIONS 19 IN FULL re Motion to Dismiss 13 filed by Respondent signed by District Judge Lawrence J. O'Neill on 02/05/2008. The Petition for Writ of Habeas Corpus is DISMISSED and the Clerk of the Court is DIRECTED to enter judgment for Respondent and close this case. (Arellano, S.)

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(HC) Miles v. Espinosa Doc. 21 1 2 3 4 5 6 7 8 9 10 11 ROBERT F. MILES, 12 Petitioner, 13 14 15 WARDEN BRAD ESPINOZA, 16 Respondent. 17 18 Petitioner is a prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 19 U.S.C. Section 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 20 U.S.C. 636(b)(1)(B) and Local Rule 72-302. 21 On January 11, 2008, the Magistrate Judge filed findings and recommendations herein. 22 These findings and recommendations were served on the parties and contained notice to the parties 23 that any objections to the findings and recommendations were to be filed within thirty days. 24 Petitioner filed objections on January 25, 2008. 25 In accordance with the provisions of 28 U.S.C. 636 (b)(1)C) this court has conducted a de 26 novo review of this case. 27 1983). Having carefully reviewed the entire file, the court finds the findings and recommendations 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. / [Doc. 13, 19, 20] v. O R D E R ADOPTING FINDINGS AND RECOMMENDATIONS RE MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS 1: 05 CV 01327 LJO WMW HC U N IT E D STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com 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 to be supported by the record and by proper analysis. Based on the foregoing, it is HEREBY ORDERED that: 1. The findings and recommendations issued by the Magistrate Judge on January 11, 2008, are a adopted in full; 2. The Petition for Writ of Habeas Corpus is DISMISSED as barred by the statute of limitations; 3. The Clerk of the Court is directed to enter judgment for Respondent and to close this case. IT IS SO ORDERED. Dated: b9ed48 February 5, 2008 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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