(HC) McDade v. Hense, No. 1:2009cv00059 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 13 FINDINGS AND RECOMMENDATIONS, DISMISSING Petition for Writ of Habeas Corpus Without Prejudice, and DIRECTING Clerk of Court to Terminate Action signed by District Judge Lawrence J. O'Neill on 4/15/2010. CASE CLOSED. (Bradley, A)

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(HC) McDade v. Hense Doc. 15 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 WILLIE McDADE, 10 1:09-cv-00059-LJO DLB (HC) Petitioner, 11 ORDER ADOPTING FINDINGS AND RECOMMENDATION, DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE, AND DIRECTING CLERK OF COURT TO TERMINATE ACTION v. 12 LYDIA HENSE, 13 Respondent. 14 [Doc. 13] / 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 On November 16, 2009, the Magistrate Judge issued Findings and Recommendation that 18 the Petition for Writ of Habeas Corpus be DISMISSED for failure to exhaust the administrative 19 remedies. This Findings and Recommendation was served on all parties and contained notice 20 that any objections were to be filed within thirty (30) days of the date of service of the order. 21 Over thirty (30) days have passed and no party has filed objections. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 23 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 24 Findings and Recommendation is supported by the record and proper analysis. 25 /// 26 /// 27 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The Findings and Recommendation issued November 16, 2009, is ADOPTED IN FULL; 4 2. The Petition for Writ of Habeas Corpus is DISMISSED without prejudice; and 5 3. The Clerk of the Court is DIRECTED to close this action. This terminates this 6 action in its entirety. 7 IT IS SO ORDERED. 8 Dated: b9ed48 April 15, 2010 /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 2

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