Davis v. T.C.C.F.

Filing 22

ORDER signed by District Judge Garland E. Burrell, Jr. on 3/29/2017 ADOPTING IN FULL 19 Findings and Recommendations; GRANTING 15 Motion to Dismiss such that the petitioner's ground four for relief is dismissed; DEEMING the 1 Petition for Writ of Habeas Corpus amended to delete said claim. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID B. DAVIS,

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No. 2:16-cv-1159-GEB-EFB P

Petitioner,
v.

ORDER

MARTIN FRINK,

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Respondent.

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

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

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

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On February 7, 2017, the magistrate judge filed findings and recommendations herein

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

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

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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 304, this

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

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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In his objections, petitioner states that he wishes to delete his ineffective assistance of
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counsel claim and proceed with the remaining claims.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 7, 2017, are adopted in full;

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2. Respondent’s July 29, 2016 motion to dismiss (ECF No. 15) is granted in part such

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that petitioner’s ground four for relief (alleging ineffective assistance of counsel) is

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dismissed and the petition is deemed amended to delete that claim.

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Dated: March 29, 2017

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