Morley v. Carey

Filing 15

ORDER signed by Senior Judge Lawrence K. Karlton on 2/2/09 ORDERING that the FINDINGS and RECOMMENDATIONS filed 9/8/08 13 are ADOPTED in full. Respondent's MOTION to Dismiss 8 is GRANTED. This Motion is DIMSISSED as time-barred. CASE CLOSED. (Mena-Sanchez, L)

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. TOM L. CAREY, 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 September 8, 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. Neither party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that: ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRED JAMES MORLEY, Petitioner, No. CIV S-07-1083 LKK KJM 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;

1. The findings and recommendations filed September 8, 2008, are adopted in

2. Respondent's motion to dismiss is granted; and 3. This action is dismissed as time-barred. DATED: February 2, 2009.

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