(HC) Banks v. Shepherd et al, No. 2:2005cv00797 - Document 52 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 7/2/10 ORDERING the 48 FINDINGS AND RECOMMENDATIONS ADOPTED IN FULL; and Petitioner's application for a writ of habeas corpus is DENIED. Case closed. (Carlos, K)
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(HC) Banks v. Shepherd et al Doc. 52 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK WILLIAM BANKS, 12 No. 2:05-cv-00797-MCE-CHS P Petitioner, 13 vs. ORDER 14 MARK SHEPHERD, et al., 15 Respondents. 16 / 17 Petitioner, a state prisoner proceeding pro se, filed this application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On May 7, 2010, the magistrate judge’s findings and recommendations were filed and 21 served on all parties. The findings and recommendations contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty days. Petitioner 23 filed objections to the findings and recommendations. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 2 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed May 7, 2010, are adopted in full; and 7 2. Petitioner’s application for a writ of habeas corpus is denied. 8 Dated: July 2, 2010 9 10 11 ________________________________ MORRISON C. ENGLAND, 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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