(HC) McGee v. Yates, No. 2:2009cv02127 - Document 18 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 7/8/10 ORDERING the Findings and Recommendations 17 are ADOPTED IN FULL; respondent's 1/14/10 motion to dismiss action 12 is GRANTED; and this action is DISMISSED. CASE CLOSED. (Carlos, K)
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(HC) McGee v. Yates Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES SHELDON McGEE, Jr., 12 13 14 15 Petitioner, vs. ORDER JAMES A. YATES, Respondent. 16 17 No. 2:09-cv-02127-MCE DAD P / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 26, 2010, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. Neither party has 23 filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations filed May 26, 2010, are adopted in full; 2 2. Respondent’s January 14, 2010 motion to dismiss this action as filed beyond 3 4 5 the one-year statute of limitations (Doc. No. 12) is granted; and 3. This action is dismissed. Dated: July 8, 2010 6 7 8 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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