(HC) Smith v. McDonald, No. 2:2009cv02967 - Document 33 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 2/18/2011 ORDERING thatthe 28 findings and recommendations filed January 5, 2011, are adopted in full. Petitioner's remaining claims - other than the ineffective assistance of counsel claim with respect to the competency hearing, where counsel has been appointed to aid in providing a more complete analysis and representation of what occurred - for writ of habeas corpus are DENIED.(Duong, D)
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(HC) Smith v. McDonald Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES RAY SMITH, 11 Petitioner, 12 vs. 13 No. CIV S-09-2967 MCE GGH P M. McDONALD, 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On January 5, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 2 3 1. The findings and recommendations filed January 5, 2011, are adopted in full; and 2. Petitioner’s remaining claims - other than the ineffective assistance of counsel 4 claim with respect to the competency hearing, where counsel has been appointed to aid in 5 providing a more complete analysis and representation of what occurred - for writ of habeas 6 corpus are DENIED. 7 8 IT IS SO ORDERED. Dated: February 18, 2011 9 10 11 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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