(HC) Garcia v. California Department of Corrections et al, No. 1:2009cv01648 - Document 31 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS to Deny Petitioner's Applications for Default Judgment;ORDER DENYING 13 and 16 Motions for Default Judgment, signed by Chief Judge Anthony W. Ishii on 10/15/2010. (Martin, S)
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(HC) Garcia v. California Department of Corrections et al Doc. 31 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 GUILLERMO GARCIA, 11 Petitioner, 12 v. 13 14 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 Respondents. 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv—1648-AWI-SKO-HC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PETITIONER’S APPLICATIONS FOR DEFAULT JUDGMENT (DOCS. 18, 13, 16) ORDER DENYING PETITIONER’S APPLICATIONS FOR DEFAULT JUDGMENT (DOCS. 13, 16) 17 18 Petitioner is a state prisoner proceeding pro se with a 19 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 20 The matter was referred to the Magistrate Judge pursuant to 28 21 U.S.C. § 636(b) and Local Rules 302 and 304. 22 On May 11, 2010, the Magistrate Judge filed findings and 23 recommendations in which it was recommended that Petitioner’s 24 motions for default judgment be denied. 25 recommendations were served on all parties on the same date. On 26 September 7, 2010, Petitioner filed objections to the findings 27 and recommendations. The findings and No reply to the objections was filed. 28 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636 2 (b)(1)(C), this Court has conducted a de novo review of the case. 3 The undersigned has carefully reviewed the entire file and has 4 considered the objections; the undersigned has determined there 5 is no need to modify the findings and recommendations based on 6 the points raised in the objections. The Court finds that the 7 findings and recommendations are supported by the record and 8 proper analysis. 9 10 11 12 13 Accordingly, it is ORDERED that: 1. The Findings and Recommendations filed on May 11, 2010, are ADOPTED IN FULL; and 2. Petitioner’s motions for default judgment are DENIED. IT IS SO ORDERED. 14 15 Dated: 0m8i78 October 15, 2010 CHIEF UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2