(HC) Hammons v. Sisto, et al., No. 2:2007cv01007 - Document 24 (E.D. Cal. 2010)

Court Description: AMENDED ORDER signed by Judge Morrison C. England, Jr. on 12/21/2010 ADOPTING 19 Findings and Recommendations in full. Ptnr's 1 petition for writ of habeas corpus is DENIED. The Court DECLINES to issue a certificate of appealability. The Clerk to close the case. CASE CLOSED. (Zignago, K.)
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(HC) Hammons v. Sisto, 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 LOWELL E. HAMMONS, 12 No. 2:07-cv-01007-MCE-TJB Petitioner, 13 vs. 14 D.K. SISTO, et al., Respondents. 15 16 AMENDED ORDER ________________________________/ Petitioner, a state prisoner proceeding pro se, has filed this petition for a writ of habeas 17 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 Rule 302. 20 On November 12, 2010, the Magistrate Judge filed findings and recommendations which 21 was served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within twenty-one days. On December 3, 2010, 23 Petitioner filed objections to the findings and recommendations. The Respondent filed a reply to 24 Petitioner’s objections on December 8, 2010. 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 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 November 12, 2010 are adopted in full; 7 2. Petitioner’s petition for writ of habeas corpus is DENIED; 8 3. The court declines to issue a certificate of appealability; and 9 4. The Clerk is directed to close the case. 10 Dated: December 21, 2010 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