Coleman v. Adams et al

Filing 40

ORDER signed by Judge Frank C. Damrell, Jr on 2/17/09 ORDERING that the 35 findings and recommendations filed December 15, 2008, are adopted in full. Respondent's 23 March 5, 2008, motion to dismiss is granted. CASE CLOSED. (Duong, D)

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. KEN CLARK, Warden, et al., Respondents. / Petitioner, a state prisoner proceeding through counsel, 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 December 15, 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 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SAAHDI COLEMAN, Petitioner, No. CIV S-07-0136 FCD GGH P

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 December 15, 2008, are adopted in

2. Respondent's March 5, 2008, motion to dismiss (Docket #23) is granted. DATED: February 17, 2009.

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

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