(HC) Melchionne v. Tilton, No. 1:2008cv00116 - Document 20 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS and Dismissing Petition for Writ of Habeas Corpus. signed by District Judge Dana M. Sabraw on 2/10/09. CASE CLOSED(Gil-Garcia, A)

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(HC) Melchionne v. Tilton Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO A. MELCHIONNE, 12 CASE NO. 1:08-cv-00116 DMS (BLM) Petitioner, ORDER (1) ADOPTING FINDINGS AND RECOMMENDATION AND (2) DISMISSING PETITION FOR WRIT OF HABEAS CORPUS vs. 13 14 JAMES E. TILTON, Respondent. 15 16 On January 18, 2008, Petitioner Mario A. Melchionne (“Petitioner”), a state prisoner 17 proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the 18 United States District Court for the Eastern District of California. 19 Judge Dennis L. Beck issued a Report and Recommendation (“R&R”), recommending that the Court 20 dismiss the Petition as duplicative. The case was subsequently transferred to the undersigned visiting 21 judge on November 25, 2008. On November 12, 2008, Magistrate 22 This Court, having reviewed de novo the Magistrate Judge’s Report, and there being no 23 objections filed to the Report, adopts the recommendation in full and DISMISSES the petition for 24 habeas corpus. The Clerk of Court shall terminate this case. 25 26 IT IS SO ORDERED. DATED: February 10, 2009 27 28 HON. DANA M. SABRAW United States District Judge -1Dockets.Justia.com

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