Nigro v. Evans

Filing 50

ORDER ADOPTING 48 FINDINGS and RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 01/20/09. Petitioners petition for a writ of habeas corpus is DENIED. CASE CLOSED. (Benson, A.)

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 vs. M. EVANS, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On December 19, 2008, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within twenty days. Petitioner has filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by 1 ORDER PASQUALE NIGRO, Petitioner, 2:05-cv-0712-GEB-CHS-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed on December 19, 2008, are adopted in full; and 2. Petitioner's petition for a writ of habeas corpus is denied. Dated: January 20, 2009

GARLAND E. BURRELL, JR. United States District Judge

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