Cruz v. Veal, et al

Filing 62

ORDER signed by Judge Morrison C. England, Jr on 2/11/09 ORDERING that the FINDINGS and RECOMMENDATIONS filed 12/30/08 56 are ADOPTED in full. Petitioner's amended Petition for a writ of habeas corpus 9 is DENIED. The Clerk is directed to enter Judgment and close this file. CASE CLOSED. (Mena-Sanchez, L)

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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. VEAL, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, brings this petition 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 Eastern District of California local rules. On December 30, 2008, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within 20 days. Timely objections to the findings and recommendations have been filed. /// /// /// 1 ALBERT CRUZ, Petitioner, ORDER No. 2:06-cv-02463-MCE-CMK-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 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 proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. 2. 3. The findings and recommendations filed December 30, 2008, are adopted in full; Petitioner's amended petition for a writ of habeas corpus (Doc. 9) is denied; and The Clerk of the Court is directed to enter judgment and close this file. . Dated: February 11, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 2

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