Gray v. Swarthout

Filing 27

JUDGMENT dated *11/22/11* pursuant to order signed by Judge John A. Mendez on 11/21/11. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID EARL GRAY,

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Petitioner,
vs.
GARY SWARTHOUT,
Respondent.

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No. CIV S-10-2463 JAM EFB P

ORDER
/

Petitioner, a state prisoner proceeding pro se, has filed this application for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 1, 2011, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. After an

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extension of time, petitioner filed objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed September 1, 2011, are adopted in

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full;

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2. Respondent’s November 19, 2010 motion to dismiss this action is granted;

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3. The Clerk is directed to close the case; and

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4. The court declines to issue a certificate of appealability.

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DATED: November 21, 2011

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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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