Rodriguez v. Attorney General, et al.

Filing 15

ORDER ADOPTING FINDINGS and RECOMMENDATIONS 14 , GRANTING Respondent's Motion to Dismiss, and DISMISSING Petition signed by Chief Judge Anthony W. Ishii on 1/16/2009. CASE CLOSED.(Esteves, C)

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 Petitioner, a federal prisoner, has filed a petition for a writ of habeas corpus pursuant to 18 28 U.S.C. § 2241 . The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 20 On October 22, 2008, the Magistrate Judge filed findings and recommendations that 21 recommended Respondent's motion to dismiss be granted. These findings and recommendations 22 were served on the parties and contained notice to the parties that any objections to the findings 23 and recommendations were to be filed within thirty days. No party filed objections. 24 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)C) this court has conducted a 25 de novo review of this case. 26 27 recommendations to be supported by the record and by proper analysis. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully reviewed the entire file, the court finds the findings and ) ) ) Petitioner, ) v. ) ) ATTORNEY GENERAL, ) ) Respondent. ) ) ____________________________________) ROBERT ANTONIO CHAVEZ RODRIGUEZ, 07-cv-1291 AWI WMW HC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING RESPONDENT'S MOTION TO DISMISS, AND DISMISSING PETITION [Doc. 13, 14]

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Based on the foregoing, it is HEREBY ORDERED that: 1. The findings and recommendations issued by the Magistrate Judge on October 22, 2008, are adopted in full; 2. 3. 4. Respondent's motion to dismiss is GRANTED; The petition for writ of habeas corpus is DISMISSED as moot; and The Clerk of the Court is directed to close this case.

IT IS SO ORDERED. Dated: 0m8i78 January 16, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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