(HC) Burke v. Kane et al, No. 2:2006cv00569 - Document 24 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 10/28/09 ORDERING the findings and recommendations 15 filed 9/10/09 are ADOPTED IN FULL; petitioner's application for a writ of habeas corpus 1 is DENIED. CASE CLOSED. (Carlos, K)
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(HC) Burke v. Kane et al Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN S. BURKE, 12 Petitioner, 13 14 2:06-cv-0569-GEB-KJM-P vs. BEN CURRY, et al., 15 Respondents. 16 ORDER / 17 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 18 of 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 September 10, 2009, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty days. Petitioner 23 has filed objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the 26 /// 1 Dockets.Justia.com 1 entire file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 10, 2009, are adopted in 5 6 7 full; and 2. Petitioner's application for a writ of habeas corpus is denied. Dated: October 28, 2009 8 9 10 GARLAND E. BURRELL, JR. United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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