Vera v. Gipson

Filing 40

ORDER re: 18 FINDINGS AND RECOMMENDATIONS; ORDER DENYING Petitioner's 16 Motion for Entry of Judgment, signed by District Judge Anthony W. Ishii on 7/30/2014. (Marrujo, C)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11 GUILLERMO VERA,

Case No. 1:13-cv-00814-AWI-SKO-HC

12

ORDER RE: FINDINGS AND
RECOMMENDATIONS (DOC. 18)

13

Petitioner,
v.

ORDER DENYING PETITIONER’S MOTION
FOR ENTRY OF JUDGMENT (DOC. 16)

14
15
16

CONNIE GIPSON,
Respondent.

17
18

Petitioner is a state prisoner proceeding pro se and in forma

19 pauperis with a petition for writ of habeas corpus pursuant to 28
20 U.S.C. § 2254.

The matter was referred to the Magistrate Judge

21 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through 304.
22

On November 20, 2013, the Magistrate Judge filed findings and

23 recommendations to deny Petitioner’s motion for entry of judgment
24 without prejudice.

The findings and recommendations were served on

25 all parties on the same date.

The findings and recommendations

26 advised the parties that objections could be filed within thirty
27 days and replies within fourteen days after the filing of
28 objections.

On May 5, 2014, Petitioner filed objections.
1

Although

1
2
3
4
5
6
7

8
9
10
11
12
13
14
15

the fourteen-day period for the filing of a reply has passed, no
reply has been filed.
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.

has considered 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 report and recommendations are

supported by the record and proper analysis.
Accordingly, it is ORDERED that:
1) The findings and recommendations filed on November 20, 2013,
are ADOPTED in full; and
2) Petitioner’s motion for entry of judgment is DENIED without
prejudice.

16 IT IS SO ORDERED.
17
18

The Court

Dated: July 30, 2014
SENIOR DISTRICT JUDGE

19
20
21
22

23
24
25
26
27
28
2