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)
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?