(HC) Marquez v. Mendoza-Powers, No. 1:2006cv01423 - Document 12 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING in FULL the FINDINGS and RECOMMENDATIONS 10 ; ORDER DENYING Petition for Writ of Habeas Corpus; ORDER DIRECTING Clerk of Court to Enter Judgment, signed by District Judge Lawrence J. O'Neill on 1/30/09: Petition is DENIED with prejudice. (CASE CLOSED)(Hellings, J)

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(HC) Marquez v. Mendoza-Powers Doc. 12 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARIO MARQUEZ, 10 Petitioner, 11 12 v. 13 14 K. MENDOZA-POWERS, 15 Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:06-CV-1423 LJO JMD HC ORDER ADOPTING FINDINGS AND RECOMMENDATION [Doc. #10] ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT 16 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 19 The Magistrate Judge issued a Findings and Recommendation on November 24, 2008, that 20 recommended the petition be DENIED with prejudice. The Magistrate Judge further recommended 21 that the Clerk of Court be DIRECTED to enter judgment. The Findings and Recommendation was 22 served on all parties and contained notice that any objections were to be filed within thirty (30) days 23 of the date of service of the order. 24 On December 29, 2008, Petitioner filed objections to the Findings and Recommendation. In 25 accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo 26 review of the case. Having carefully reviewed the entire file and having considered the objections, 27 the Court concludes that the Magistrate Judge's Findings and Recommendation is supported by the 28 record and proper analysis, and there is no need to modify the Findings and Recommendation based U .S. D istrict C ourt E. D . C alifornia Jp 1 Dockets.Justia.com 1 on the points raised in the objections. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Findings and Recommendation issued November 24, 2008, is ADOPTED IN FULL; 4 2. The Petition for Writ of Habeas Corpus is DENIED with prejudice; 5 3. The Clerk of Court is DIRECTED to enter judgment; and 6 7 IT IS SO ORDERED. 8 Dated: b9ed48 January 30, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U .S. D istrict C ourt E. D . C alifornia Jp 2

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