Garcia v. California Department of Corrections et al

Filing 31

ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS to Deny Petitioner's Applications for Default Judgment;ORDER DENYING 13 and 16 Motions for Default Judgment, signed by Chief Judge Anthony W. Ishii on 10/15/2010. (Martin, S)

(HC) Garcia v. California Department of Corrections et al

Doc. 31

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 v. 13 14 15 Respondents. 16 17 18 19 20 21 22 23 24 25 26 27 28 1
Dockets.Justia.com

GUILLERMO GARCIA, Petitioner,

CALIFORNIA DEPARTMENT OF CORRECTIONS, et al.,

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1:09-cv--1648-AWI-SKO-HC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PETITIONER'S APPLICATIONS FOR DEFAULT JUDGMENT (DOCS. 18, 13, 16) ORDER DENYING PETITIONER'S APPLICATIONS FOR DEFAULT JUDGMENT (DOCS. 13, 16)

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 302 and 304. On May 11, 2010, the Magistrate Judge filed findings and recommendations in which it was recommended that Petitioner's motions for default judgment be denied. The findings and

recommendations were served on all parties on the same date. On September 7, 2010, Petitioner filed objections to the findings and recommendations. No reply to the objections was filed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the case. The undersigned has carefully reviewed the entire file and has considered the objections; the undersigned has determined there is no need to modify the findings and recommendations based on the points raised in the objections. The Court finds that the findings and recommendations are supported by the record and proper analysis. Accordingly, it is ORDERED that: 1. The Findings and Recommendations filed on May 11, 2010, are ADOPTED IN FULL; and 2. Petitioner's motions for default judgment are DENIED. IT IS SO ORDERED. Dated: 0m8i78 October 15, 2010 CHIEF UNITED STATES DISTRICT JUDGE

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