Paul Montanez v. California Department of Corrections and Rehabilitation

Filing 15

ORDER ADOPTING in FULL the FINDINGS and RECOMMENDATIONS 14 ; ORDER GRANTING Motion to Dismiss Petition for Writ of Habeas Corpus 13 ; ORDER DISMISSING Petition for Writ of Habeas Corpus 1 ; and ORDER DIRECTING Clerk of Court to Enter Judgment, signed by District Judge Lawrence J. O'Neill on 2/4/09. (CASE CLOSED)(Hellings, J)

1 2 3 4 5 6 7 8 9 10 11 PAUL MONTANEZ, 12 13 14 15 16 17 18 19 20 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 21 pursuant to 28 U.S.C. § 2254. 22 On March 14, 2008, Respondent filed a motion to dismiss the petition. (Doc. 13). On 23 January 9, 2009, the Magistrate Judge assigned to the case filed Findings and Recommendations 24 recommending the petition for writ of habeas corpus be dismissed because the petition contained 25 unexhausted claims. (Doc. 14). The Findings and Recommendations were served on all parties 26 and contained notice that any objections were to be filed within fifteen days from the date of 27 service of that order. To date, the parties have not filed timely objections to the Findings and 28 1 Respondent. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, v. Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:06-cv-00303-LJO-TAG HC ORDER ADOPTING FINDINGS AND RECOMMENDATION (Doc. 14) ORDER GRANTING MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS (Doc. 13) ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (Doc. 1) ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Recommendations. 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, the Court concludes that the Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis. Because Petitioner is challenging an administrative order of the California Department of Corrections and Rehabilitation resulting in the loss of 360-days' credits, no certificate of appealability is required. White v. Lambert, 370 F.3d 1002, 1010 (9th Cir. 2004); see 28 U.S.C. § 2253(c)(1)(A). ORDER Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations filed January 9, 2008 (Doc. 14), are ADOPTED IN FULL; 2. 3. 4. Respondent's Motion to Dismiss (Doc. 13), is GRANTED; The Petition for Writ of Habeas Corpus (Doc. 1), is DISMISSED; and The Clerk of Court is DIRECTED to ENTER JUDGMENT and close the file.

This order terminates the action in its entirety. IT IS SO ORDERED. Dated: b9ed48 February 4, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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