Huynh v. Archuletta

Filing 35

ORDER ACCEPTED 26 Report and Recommendations of United StatesMagistrate Judge. Applicants Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. Section 2254, filed October 24, 2006 2 , is DENIED and this civil action is hereby DISMISSED WITH PREJUDICE. by Judge Christine M. Arguello on 3/24/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 06-CV-02118-CMA-CBS TAM HUYNH, Applicant, v. LOU ARCHULETA, Warden, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER ADOPTING AND AFFIRMING JANUARY 12, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on the January 12, 2009 recommendation by the Magistrate Judge that Applicant's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. Section 2254 be denied (Doc. # 26). On January 23, 2009, Applicant filed a Notice of Appeal (Doc. # 27) which the Court treated as a timely filed objection to this recommendation. In light of the objection, the Court has conducted the requisite de novo review of the issues, the recommendations and Plaintiff's objections. Based on this review, the Court has concluded that the Magistrate Judge's thorough and comprehensive analyses and recommendations are correct. Accordingly, IT IS ORDERED that the January 12, 2009 Recommendation of United States Magistrate Judge (Doc. # 26) is ACCEPTED and, for the reasons cited therein,

Applicant's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. Section 2254, filed October 24, 2006 (Doc. # 2), is DENIED and this civil action is hereby DISMISSED WITH PREJUDICE. DATED: March 24 , 2009 BY THE COURT:

_______________________________ CHRISTINE M. ARGUELLO United States District Judge

2