King v. Board of Parole Hearings

Filing 5

ORDER signed by Judge John A. Mendez on 7/20/09 ORDERING that the 3 findings and recommendations filed May 13, 2009, are adopted in full. Petitioner's 1 application for a writ of habeas corpus is DISMISSED for failure to exhaust state remedies. CASE CLOSED.(Duong, D)

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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. BOARD OF PAROLE HEARINGS, 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 May 13, 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 not 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 ORDER DALE KING, Petitioner, No. CIV S-09-1160 JAM GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 /king1160.800 1. The findings and recommendations filed May 13, 2009, are adopted in full; and 2. Petitioner's application for a writ of habeas corpus is dismissed for failure to exhaust state remedies. DATED: July 20, 2009 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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