Taylor v. Dickinson

Filing 28

ORDER signed by Judge William B. Shubb on 4/1/09 ORDERING the findings and recommendations 26 are ADOPTED IN FULL; the motion to dismiss 13 is GRANTED; and this action is DISMISSED. CASE CLOSED. (Carlos, 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. MIKE KNOWLES, Warden, Respondent. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BERNARD TAYLOR, Petitioner, No. CIV S-07-2253 WBS EFB P

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 March 13, 2009, 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 fourteen 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

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Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed March 13, 2009, are adopted in full; 2. The April 11, 2008, motion to dismiss this action as untimely is granted; and, 3. This action is dismissed. DATED: April 1, 2009

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