(HC) Garcia v. Clark et al, No. 2:2007cv02740 - Document 21 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge John A. Mendez on 8/31/09 ORDERING the Findings and Recommendations 20 are ADOPTED IN FULL; respondent's motion to dismiss as barred by the AEDPA statute of limitations 16 is GRANTED. CASE CLOSED. (Carlos, K)

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(HC) Garcia v. Clark et al Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND LUIS GARCIA, 11 Petitioner, 12 13 No. CIV S-07-2740 JAM GGH P vs. KEN CLARK, et al., 14 Respondents. 15 ORDER / 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 17 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 June 26, 2009, 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. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed June 26, 2009, are adopted in full; and 3 2. Respondent’s motion to dismiss as barred by the AEDPA statute of limitations, 4 filed on November 20, 2008 (docket #16), is granted. 5 DATED: August 31, 2009 6 7 /s/ John A. Mendez 8 U. S. District Court Judge 9 /garc2740.CJRA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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