Shebby v. Hedpeth

Filing 20

Memorandum Decision and ORDER GRANTING Respondent's 12 Motion to Dismiss Petition for Writ of Habeas Corpus 1 and Directing Clerk of Court to Enter Judgment for Respondent and to Close this Case signed by Judge Oliver W. Wanger on 9/22/2009. CASE CLOSED (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 ANTHONY HEDGPETH, 14 15 16 17 18 19 20 21 22 23 24 25 26 Respondent. vs. Petitioner, JOSHUA JAMES SHEBBY, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-08-670 OWW/BAK HC MEMORANDUM DECISION AND ORDER GRANTING RESPONDENT'S MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS (Doc. 12) AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT FOR RESPONDENT AND TO CLOSE THIS CASE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

On September 1, 2009, the United States Magistrate Judge filed Findings and Recommendations, recommending that Respondent's motion to dismiss Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not filed objections to the Findings and Recommendation. Rather, on September 14, 2009, Petitioner filed

a notice of voluntary dismissal of the petition. The Court has reviewed the record and concurs with the Findings and Recommendation and hereby adopts it. For the reasons stated: 1

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 Dated: 668554

1.

Respondent's motion to dismiss Petitioner's petition for

writ of habeas corpus pursuant to 28 U.S.C. § 2254 is GRANTED; 2. The Clerk of the Court is directed to enter JUDGMENT FOR

RESPONDENT and to close this case. IT IS SO ORDERED. September 22, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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