Chance v. Martell

Filing 38

ORDER adopting 33 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Garland E. Burrell, Jr on 6/29/12: Respondent's May 6, 2011 motion to dismiss is granted 13 . (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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KENNETH WAYNE CHANCE,

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Petitioner,
vs.
M. MARTELL,
Respondent.

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No. 2:11-cv-0562 GEB KJN P

ORDER
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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 April 10, 2012, 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 twenty-one days.

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Petitioner has 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 April 10, 2012 are adopted in full;

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and
2. Respondent’s May 6, 2011 motion to dismiss (Docket No. 13) is granted.
Dated: June 29, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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