Miller v. Rickley, Warden

Filing 11

ORDER signed by District Judge Kimberly J. Mueller on 3/18/2016 DISMISSING all claims except for the petitioner's due process claim that prison officials denied his request to call Officer Barker as a witness without adequate justification. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARION FRANK MILLER,

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Petitioner,

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v.

No. 2:15-cv-2405 KJM CKD P

ORDER

R. RICKLEY,

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Respondent.

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

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corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 7, 2016, the magistrate judge filed findings and recommendations, which were

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served on petitioner and which contained notice to petitioner that any objections to the findings

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

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findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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

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finds the findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that all claims in the petition are dismissed,

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except for petitioner’s due process claim that prison officials denied his request to call Officer

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Barker as a witness without adequate justification.

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DATED: March 18, 2016

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UNITED STATES DISTRICT JUDGE

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