Leon v. Kirkland et al

Filing 24

ORDER signed by Judge Frank C. Damrell, Jr. on 2/6/09 ADOPTING 20 Findings and Recommendations in full. Ptnr's application for writ of habeas corpus is DENIED. CASE CLOSED. (Engbretson, K.)

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. RICHARD KIRKLAND, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed this 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 November 7, 2008, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties 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 72304, 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 proper analysis. 1 ORDER BENNY LEON, JR. Petitioner, No. CIV S-06-1855 FCD CHS P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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 full; and

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed November 7, 2008 are adopted in

2. Petitioner's application for writ of habeas corpus is denied. DATED: February 6, 2009.

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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