(HC) Miles v. Espinosa, No. 1:2005cv01327 - Document 21 (E.D. Cal. 2008)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 19 IN FULL re Motion to Dismiss 13 filed by Respondent signed by District Judge Lawrence J. O'Neill on 02/05/2008. The Petition for Writ of Habeas Corpus is DISMISSED and the Clerk of the Court is DIRECTED to enter judgment for Respondent and close this case. (Arellano, S.)

Download PDF
(HC) Miles v. Espinosa Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT F. MILES, 1: 05 CV 01327 LJO WMW HC 12 Petitioner, 13 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RE MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS v. 15 WARDEN BRAD ESPINOZA, [Doc. 13, 19, 20] 16 Respondent. 17 / 18 Petitioner is a prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 19 U.S.C. Section 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 20 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 21 On January 11, 2008, the Magistrate Judge filed findings and recommendations herein. 22 These findings and recommendations were served on the parties and contained notice to the parties 23 that any objections to the findings and recommendations were to be filed within thirty days. 24 Petitioner filed objections on January 25, 2008. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)C) this court has conducted a de 26 novo review of this case. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983). Having carefully reviewed the entire file, the court finds the findings and recommendations 28 Dockets.Justia.com 1 to be supported by the record and by proper analysis. 2 3 Based on the foregoing, it is HEREBY ORDERED that: 1. 4 5 January 11, 2008, are a adopted in full; 2. 6 7 The findings and recommendations issued by the Magistrate Judge on The Petition for Writ of Habeas Corpus is DISMISSED as barred by the statute of limitations; 3. The Clerk of the Court is directed to enter judgment for Respondent and to close this case. 8 9 10 11 IT IS SO ORDERED. 12 Dated: b9ed48 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 February 5, 2008 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.