Hanson v. Hubber

Filing 28

ORDER ADOPTING 27 FINDINGS and RECOMMENDATIONS, GRANTING RESPONDENT'S 24 Motion to Dismiss, and DISMISSING Petition signed by Chief Judge Anthony W. Ishii on 1/16/2009. (Figueroa, O)

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 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. On November 6, 2008, the Magistrate Judge filed Findings and Recommendations that recommended the petition be denied as an unlawful second or successive petition. The Findings and Recommendations were served on the parties and contained notice to the parties that any objections to the Findings and Recommendations were to be filed within thirty days. No party filed objections. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)C) this court has conducted a de novo review of this case. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 ) ) Petitioner, ) v. ) ) SUE HUBBER, ) ) Respondent. ) ) ____________________________________) DENNIS RAY HANSON, 07-cv-1556 AWI WMW HC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING RESPONDENT'S MOTION TO DISMISS, AND DISMISSING PETITION [Doc. 24, 27]

(9th Cir. 1983). Having carefully reviewed the entire file, the court finds the Findings and Recommendations to be supported by the record and by proper analysis.

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Based on the foregoing, it is HEREBY ORDERED that: 1. The Findings and Recommendations issued by the Magistrate Judge on November 6, 2008, are adopted in full; 2. 3. 4. Respondent's motion to dismiss is GRANTED; The petition for writ of habeas corpus is DISMISSED without prejudice; 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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