McNeely v. Swarthout

Filing 22

ORDER signed by Judge John A. Mendez on 09/29/10 ordering the findings and recommendations filed 08/16/10 16 are adopted in full. Petitioner's motion to amend or alter the judgment 14 is denied.(Plummer, M)

Download PDF
(HC) McNeely v. Swarthout Doc. 22 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. GARY SWARTHOUT, 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 Rule 302. On August 6, 2010, 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-one 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 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. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DOCK MCNEELY, Petitioner, No. CIV S-10-0728 JAM KJM P ORDER 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 /mcne0728.804.hc Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed August 6, 2010, are adopted in full; and 2. Petitioner's motion to amend or alter the judgment (Docket No. 14) is denied. DATED: September 29, 2010. /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?