Wilson v. CA Dept of Corrections and Rehabilitation et al

Filing 11

ORDER signed by Judge Frank C. Damrell, Jr on 1/15/09 ORDERING that the FINDINGS and RECOMMENDATIONS filed 2/1/08 9 are ADOPTED in full. Petitioner's Application for a writ of habeas corpus is DISMISSED for failure to exhaust state court remedies. 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. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, Respondent. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA THOMAS L. WILSON, Petitioner, No. CIV S-07-2294 FCD KJM P

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 February 1, 2008, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within twenty days. Petitioner has not 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

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 and

1. The findings and recommendations filed February 1, 2008, are adopted in full;

2. Petitioner's application for a writ of habeas corpus is dismissed for failure to exhaust state court remedies. DATED: January 15, 2009.

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

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