Rodriguez v. Felker

Filing 11

ORDER ADOPTING 9 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 1/15/2009. Action is DISMISSED without prejudice for petitioner's failure to exhaust state court remedies with respect to his claims. (Marciel, M)

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. T. FELKER, 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 October 31, 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 JOHNNY RODRIGUEZ, Petitioner, 2:08-cv-1217-GEB-KJM-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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 October 31, 2008, are adopted in full;

2. This action is dismissed without prejudice for petitioner's failure to exhaust state court remedies with respect to his claims. Dated: January 15, 2009

GARLAND E. BURRELL, JR. United States District Judge

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