Mattos v. Smith et al

Filing 15

ORDER signed by Judge Oliver W. Wanger on 4/2/2009 ADOPTING IN FULL 14 Findings and Recommendations; DENYING with prejudice 1 Petition for Writ of Habeas Corpus and DIRECTING Clerk of Court to enter Judgment. A Certificate of Appealability is unnecessary. CASE CLOSED. (Lundstrom, T).

1 2 3 4 5 6 7 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 Petitioner is a prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 17 U.S.C. § 2241. 18 The Magistrate Judge issued a Findings and Recommendation on February 18, 2009, 19 recommending that the petition for writ of habeas corpus be DENIED with prejudice. The 20 Magistrate Judge further recommended that the Clerk of Court be DIRECTED to enter judgment. 21 The Findings and Recommendation was served on all parties and contained notice that any 22 objections were to be filed within thirty (30) days of the date of service of the order. Petitioner did 23 not submit objections to the Magistrate's Findings and Recommendation within the thirty-day period 24 set forth by the Court. 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 the case. 27 /// 28
U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia

UNITED STATES DISTRICT COURT

TIMOTHY MATTOS,

) ) Petitioner, ) ) v. ) ) D. SMITH, et al., ) ) Respondents. ) ____________________________________)

1:07-cv-01020-OWW-JMD-HC ORDER ADOPTING FINDINGS AND RECOMMENDATION [Doc. #14] ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT

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U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia

Having carefully reviewed the entire file and having considered the objections, the Court concludes that the Magistrate's Findings and Recommendation is supported by the record and proper analysis, and there is no need to modify the Findings and Recommendation. Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendation issued February 18, 2009, is ADOPTED IN FULL; 2. The Petition for Writ of Habeas Corpus is DENIED with prejudice; 3. The Clerk of Court is DIRECTED to enter judgment; and 4. A certificate of appealability is unnecessary. See Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th Cir. 2005); White v. Lambert, 370 F.3d 1002, 1010-1011 (9th Cir. 2004) IT IS SO ORDERED. Dated: April 2, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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