Carter v. Haviland

Filing 7

ORDER ADOPTING 4 FINDINGS and RECOMMENDATIONS in full signed by Judge William B. Shubb on 04/01/09; this action is DISMISSED w/o prejudice. CASE 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. J. HAVILAND, 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 March 19, 2009, 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 GREGORY JAMES CARTER, Petitioner, No. CIV S-09-0697 WBS KJM P

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Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed March 19, 2009, are adopted in full; and 2. This action is dismissed without prejudice. DATED: April 1, 2009

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