(HC) Leon v. Kirkland et al, No. 2:2006cv01855 - Document 24 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr. on 2/6/09 ADOPTING 20 Findings and Recommendations in full. Ptnr's application for writ of habeas corpus is DENIED. CASE CLOSED. (Engbretson, K.)
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(HC) Leon v. Kirkland 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 BENNY LEON, JR. Petitioner, 11 12 13 14 vs. RICHARD KIRKLAND, et al., Respondents. ORDER / 15 16 No. CIV S-06-1855 FCD CHS P Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On November 7, 2008, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty days. Petitioner 22 has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 7, 2008 are adopted in 3 4 full; and 2. Petitioner’s application for writ of habeas corpus is denied. 5 DATED: February 6, 2009. 6 7 8 _______________________________________ FRANK C. DAMRELL, 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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