(HC) Sherman, et al v. People of California, et al, No. 2:2002cv00373 - Document 41 (E.D. Cal. 2005)
Court Description: ORDER adopting 38 Findings and Recommendations in full, signed by Judge Frank C. Damrell Jr. on 11/21/05. Petitioner's 1 Application for Writ of Habeas Corpus is DENIED. (Marciel, M)
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(HC) Sherman, et al v. People of California, et al Doc. 41 Case 2:02-cv-00373-FCD-DAD Document 41 Filed 11/22/2005 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH A. SHERMAN, 11 Petitioner, 12 13 No. CIV S-02-0373 FCD DAD P vs. CALIFORNIA ATTORNEY GENERAL, et al., ORDER 14 Respondents. 15 / 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On October 21, 2005, the magistrate judge filed findings and recommendations 21 herein which were served on petitioner and which contained notice to petitioner that any 22 objections to the findings and recommendations were to be filed within twenty days. Petitioner 23 has not filed objections to the findings and recommendations. 24 Although it appears from the file that petitioner’s copy of the findings and 25 recommendations were returned, petitioner was properly served. It is the petitioner’s 26 ///// 1 Dockets.Justia.com Case 2:02-cv-00373-FCD-DAD Document 41 Filed 11/22/2005 Page 2 of 2 1 responsibility to keep the court apprised of his current address at all times. Pursuant to Local 2 Rule 83-182(f), service of documents at the record address of the party is fully effective. 3 The court has reviewed the file and finds the findings and recommendations to be 4 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 5 ORDERED that: 6 7 8 9 1. The findings and recommendations filed October 21, 2005, are adopted in full; and 2. Petitioner’s application for a writ of habeas corpus is denied. DATED:November 21, 2005 10 11 /s/ Frank C. Damrell Jr. FRANK C. DAMRELL JR. United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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