Goddard v Kernan

Filing 28

ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Chief Judge Robert H. Whaley on 4/9/2009 re 26 Findings and Recommendations; petition for writ of habeas corpus is DENIED; judgment is entered in favor of Respondent and against Petitioner. CASE CLOSED. (Gaydosh, J)

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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 27 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ROBERT GODDARD, Petitioner, v. SCOTT K. KERNAN, Warden, et al., Respondents. NO. CV-06-2747-JPH ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY WRIT OF HABEAS CORPUS On Feburary 3, 2009, Magistrate Judge Hutton entered a Report and Recommendation, recommending that Petitioner's Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus by a Person in State Custody (Ct. Rec. 1) be denied (Ct. Rec. 26). On February 12, 2009, Petitioner filed objections to the Magistrate Judge's report (Ct. Rec. 27). Petitioner's objections reargue the same issues raised in the petition and reply, issues considered and rejected by the Magistrate Judge. Having reviewed the Report and Recommendation and the files and records herein, the Court adopts the Magistrate Judge's Report and Recommendation in its entirety. Accordingly, IT IS HEREBY ORDERED: 1. 2. The Report and Recommendation to Deny Writ of Habeas Corpus (Ct. Petitioner's Petitioner under 28 U.S.C. 2254 For Writ of Habeas Rec. 26) is ADOPTED, in its entirety. ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY WRIT OF HABEAS CORPUS ~ 1 1 Corpus by a Person in State Custody (Ct. Rec. 1) is DENIED. 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY WRIT OF HABEAS CORPUS ~ 2 Q:\CAED cases\Goddard\adoptrr.wpd 3. Judgment is entered in favor of Respondent and against Petitioner. IT IS SO ORDERED. The District Court Executive is directed to enter this DATED this 9th day of April, 2009. S/ Robert H. Whaley ROBERT H. WHALEY United States District Judge 4 Order, forward copies to Petitioner and counsel, and close the file.

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