Fuqua v. Finn

Filing 20

ORDER ADOPTING 15 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 DISMISSED w/o prejudice. (Benson, A.)

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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. CLAUDE E. FINN, et al., Respondents. / 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 November 18, 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. Petitioner has filed objections to the findings and recommendations. /// /// /// 1 KEVIN L. FUQUA, Petitioner, ORDER No. 2:08-cv-01839-MCE-GGH 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 In accordance with the provisions of 28 U.S.C. 636(b)(1)(C) and Local Rule 72-304, 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. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed November 18, 2008, are adopted in full; and 2. Respondent's October 10, 2008 motion to dismiss (Docket No. 10) is granted. This action is dismissed without prejudice. Dated: January 9, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 2

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