Velasquez v. Lackner

Filing 10

ORDER Adopting 8 Findings and Recommendation; ORDER Dismissing Ground One from Petition for Writ of Habeas Corpus; ORDER Referring Matter Back to Magistrate Judge for Further Proceedings, signed by District Judge Lawrence J. O'Neill on 04/22/14. (Gonzalez, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL VELASQUEZ, 12 Petitioner, 13 14 v. 15 16 17 H. LACKNER, Warden, Respondent. 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:14-cv-00268 LJO GSA HC ORDER ADOPTING FINDINGS AND RECOMMENDATION [Doc. #8] ORDER DISMISSING GROUND ONE FROM PETITION FOR WRIT OF HABEAS CORPUS ORDER REFERRING MATTER BACK TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS 19 20 21 22 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 19, 2014, the Magistrate Judge issued a Findings and Recommendation that 23 recommended Ground One be dismissed from the petition with prejudice. The Findings and 24 Recommendation was served on Petitioner and contained notice that any objections were to be filed 25 within thirty (30) days of the date of service of the order. 26 On April 14, 2014, Petitioner filed objections to the Findings and Recommendation. In 27 accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo 28 review of the case. Having carefully reviewed the entire file and having considered the objections, the 1 1 Court concludes that the Magistrate Judge's Findings and Recommendation is supported by the record 2 and proper analysis, and there is no need to modify the Findings and Recommendations based on the 3 points raised in the objections. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendation issued March 19, 2014, is ADOPTED IN FULL; 6 2. Ground One is DISMISSED from the petition with prejudice; 7 3. The matter is REFERRED BACK to the Magistrate Judge for further proceedings. 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill April 22, 2014 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?