(HC) Kirch v. Clay, No. 2:2007cv00928 - Document 15 (E.D. Cal. 2008)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS IN FULL 13 signed by Judge Morrison C. England, Jr on 2/1/08: Defendant's motion to dismiss 10 is granted. The Clerk is directed to enter judgment and close this file. CASE CLOSED.(Kaminski, H)
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(HC) Kirch v. Clay Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACK BRENE KIRCH, 12 Petitioner, 13 14 No. 2:07-cv-00928-MCE-CMK-P vs. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS I.D. CLAY, 15 Respondent. 16 / 17 Petitioner, a state prisoner proceeding pro se, brings this petition 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 Eastern District of California local rules. 20 On December 27, 2007, the magistrate judge filed findings and recommendations herein 21 which were served on the parties and which contained notice that any objections to the findings 22 and recommendations were to be filed within 20 days. Timely objections to the findings and 23 recommendations have been filed. 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. 7 The findings and recommendations filed December 27, 2007 (Doc. 13), are adopted in full; 8 2. Defendant’s motion to dismiss (Doc. 10) is granted; 9 3. The Clerk of the Court is directed to enter judgment and close this file. 10 Dated: February 1, 2008 11 12 13 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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