Nelson v. Sisto

Filing 9

ORDER ADOPTING in full 6 FINDINGS and RECOMMENDATIONS, signed by Judge John A. Mendez on 1/14/09; and this action is DISMISSED.(Kastilahn, 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. D.K. SISTO, 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 23, 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 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 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA PATRICK OTIS NELSON, Petitioner, No. CIV S-08-2005 JAM KJM P 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 /nels2005.804.hc Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed October 23, 2008, are adopted in full; and 2. This action is dismissed. DATED: January 14, 2009 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 2

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