Montalvo v. Malfi

Filing 44

ORDER signed by Judge Garland E. Burrell, Jr on 2/22/10 ADOPTING 39 Findings and Recommendations in full. Respondent's 32 Motion to Dismiss is DENIED. (Owen, 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. J. WALKER, Acting Warden, Respondent. / 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 January 15, 2010, 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-one days. Respondent 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 JOHN MONTALVO, Petitioner, No. CIV S-08-1224 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

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed (Docket No. 39), are adopted in full;

2. Respondent's motion to dismiss (Docket No. 32) is denied. Dated: February 22, 2010

GARLAND E. BURRELL, JR. United States District Judge

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