(HC) Shebby v. Hedpeth, No. 1:2008cv00670 - Document 20 (E.D. Cal. 2009)
Court Description: Memorandum Decision and ORDER GRANTING Respondent's 12 Motion to Dismiss Petition for Writ of Habeas Corpus 1 and Directing Clerk of Court to Enter Judgment for Respondent and to Close this Case signed by Judge Oliver W. Wanger on 9/22/2009. CASE CLOSED (Figueroa, O)
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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOSHUA JAMES SHEBBY, 10 Petitioner, 11 12 vs. 13 ANTHONY HEDGPETH, 14 Respondent. 15 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-08-670 OWW/BAK HC MEMORANDUM DECISION AND ORDER GRANTING RESPONDENT'S MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS (Doc. 12) AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT FOR RESPONDENT AND TO CLOSE THIS CASE On September 1, 2009, the United States Magistrate Judge 18 filed Findings and Recommendations, recommending that 19 Respondent's motion to dismiss Petitioner's petition for writ of 20 habeas corpus pursuant to 28 U.S.C. § 2254. 21 Petitioner has not filed objections to the Findings and 22 Recommendation. 23 a notice of voluntary dismissal of the petition. 24 25 26 Rather, on September 14, 2009, Petitioner filed The Court has reviewed the record and concurs with the Findings and Recommendation and hereby adopts it. For the reasons stated: 1 1. 1 2 writ of habeas corpus pursuant to 28 U.S.C. § 2254 is GRANTED; 2. 3 4 The Clerk of the Court is directed to enter JUDGMENT FOR RESPONDENT and to close this case. IT IS SO ORDERED. 5 6 Respondent's motion to dismiss Petitioner's petition for Dated: 668554 September 22, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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