Wells v. Hartley

Filing 20

ORDER Modifying Nunc Pro Tunc Order Adopting Findings and Recommendation and Denying Petition for Writ of Habeas Corpus 18 , signed by District Judge Lawrence J. O'Neill on 10/12/2010. (Verduzco, M)

(HC) Wells v. Hartley

Doc. 20

1 2 3 4 5 6 7 8 GEORGE WESLEY WELLS, 9 Petitioner, 10 v. 11 JAMES D. HARTLEY, 12 Respondent. 13 14 George Wesley Wells (hereinafter "Petitioner") is a state prisoner proceeding pro se with a 15 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 16 The Magistrate Judge issued a Findings and Recommendation on July 28, 2010, 17 recommending that the petition for writ of habeas corpus be DENIED with prejudice. (Court Doc. 18 17.) The Court, in accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), conducted a de novo 19 review of the case and concluded that the Magistrate Judge's Findings and Recommendations was 20 supported by the record and contained the proper analysis. The Court adopted the Findings and 21 Recommendation and denied the petition for writ of habeas corpus on September 17, 2010. (Court 22 23 The Court notes that the September 17, 2010 order contained the wrong name in the body of 24 the order. Pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, "[t]he court may correct a 25 26 27 28
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) 1:09-CV-01132 LJO JMD HC ORDER MODIFYING NUNC PRO TUNC ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DENYING PETITION FOR WRIT OF HABEAS CORPUS [Doc. 18]

Doc. 18.1)

T h e Court notes that the September 27, 2010 order contained the wrong name in the body of the order. Pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, "[t]he court may correct a clerical mistake or a mistake arising from o v e r s ig h t or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion o r on its own, with or without notice.

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clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice." Accordingly, the Court's Order of September 17, 2010 (Court Doc. 18) is modified nunc pro tunc on Page 1, line 16, to replace "Clement Brown" with "George Wesley Wells." IT IS SO ORDERED. Dated: b9ed48 October 12, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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