(HC) Foley v. Rowland, No. 2:2001cv00714 - Document 40 (E.D. Cal. 2012)

Court Description: ORDER signed by Judge Morrison C. England, Jr. on 9/28/2012 FINDINGS AND RECOMMENDATIONS 38 are ADOPTED IN FULL; and Petitioner's 28 motion for relief from judgment is DENIED. (Reader, L)

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(HC) Foley v. Rowland Doc. 40 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARK D. FOLEY, 10 11 Petitioner, No. 2:01-cv-0714 MCE JFM P vs. 12 JAMES ROWLAND, et al., 13 Respondents. 14 15 ORDER / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 17 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On September 12, 2012, the magistrate judge filed findings and recommendations 19 herein (ECF No. 38) which were served on all parties and which contained notice to all parties 20 that any objections to the findings and recommendations were to be filed within fourteen days. 21 Neither party has filed objections to the findings and recommendations. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 304, 23 this Court has conducted a de novo review of this case. The Court has reviewed the file and 24 finds the findings and recommendations to be supported by the record and by the magistrate 25 judge’s analysis. Accordingly, IT IS HEREBY ORDERED that: 26 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed September 12, 2012, (ECF No. 38) are ADOPTED IN FULL; and 3 4 5 2. Petitioner’s July 10, 2011, motion for relief from judgment (ECF No. 28) is DENIED. Dated: September 28, 2012 6 7 8 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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