Galvan v. Adams

Filing 8

ORDER Adopting 6 Findings and Recommendation, Dismissing Claim Two from Petition, and Referring matter back to Magistrate Judge for further proceedings, signed by District Judge Lawrence J. O'Neill on 4/14/2010. (Verduzco, M)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 DERRAL ADAMS, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 On March 17, 2010, the Magistrate Judge issued Findings and Recommendation to 18 dismissing Claim One from the Petition for failure to state a cognizable claim. This Findings and 19 Recommendation was served on all parties and contained notice that any objections were to be 20 filed within thirty (30) days of the date of service of the order. 21 On March 25, 2010, Petitioner filed timely objections to the Findings and 22 Recommendation. (Court Doc. 7.) 23 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 24 a de novo review of the case. Having carefully reviewed the entire file, including Petitioner's 25 objections, the Court concludes that the Magistrate Judge's Findings and Recommendation is 26 supported by the record and proper analysis. Petitioner's objections present no grounds for 27 questioning the Magistrate Judge's analysis. 28 1 / [Doc. 6] v. ROBERT GONZALES GALVAN, Petitioner, 1:10-cv-00251-LJO-DLB (HC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, DISMISSING CLAIM TWO FROM PETITION, AND REFERRING MATTER BACK TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS

UNITED STATES DISTRICT COURT

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 27 28 Dated: b9ed48

Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendation issued March 17, 2010, is ADOPTED IN FULL; 2. Claim Two of the instant Petition is DISMISSED for failure to state a cognizable claim; and 3. The matter is referred back to the Magistrate Judge for further proceedings.

IT IS SO ORDERED. April 14, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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