Morris v. Swarthout

Filing 12

ORDER signed by Judge John A. Mendez on 4/9/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/21/12 11 are ADOPTED in full; Claims 1, 2, 4, 6, 7, 8 and 9 are DISMISSED with prejudice from the petition. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP MORRIS,

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Petitioner,

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No. CIV S-11-2832 JAM GGH P

vs.
GARY SWARTHOUT, Warden,

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Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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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 February 21, 2012, the magistrate judge filed findings and recommendations

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herein which were served on petitioner and which contained notice to petitioner that any

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

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has not filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed February 21, 2012, are adopted in
full; and

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2. Claims 1, 2, 4, 6, 7, 8 and 9 are dismissed with prejudice from the petition.
DATED:

April 9, 2012
/s/ John A. Mendez

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UNITED STATES DISTRICT COURT JUDGE
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