Davenport v. Hartley

Filing 18

ORDER ADOPTING 17 FINDINGS and RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 01/09/09 and ORDERING that respondent's 10 Motion to Dismiss is GRANTED; this action is CLOSED. (Benson, A.)

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. JAMES D. HARTLEY, Warden, 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 November 13, 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 WILLIAM R. DAVENPORT, Petitioner, ORDER No. 2:08-cv-01438-MCE-DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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1. The findings and recommendations filed November 13, 2008, are adopted in full; 2. Respondent's August 29, 2008 motion to dismiss the petition as barred by the statute of limitations (Doc. No. 10) is granted; and 3. This action is closed. Dated: January 9, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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