(HC) Phillips v. Sisto et al, No. 2:2008cv00654 - Document 18 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 5/13/11 ORDERING the findings and recommendations 17 ADOPTED IN FULL; Claim 2 of the instant petition is DISMISSED. (Carlos, K)
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(HC) Phillips v. Sisto et al Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AHMAD PHILLIPS, 11 Petitioner, Respondent. 12 13 No. 2:08-cv-00654 MCE GGH P ORDER vs. D. K. SISTO, 14 15 / 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 Rule 302. 19 On March 23, 2011, 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 fourteen 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 3 4 1. The findings and recommendations filed March 23, 2011, are adopted in full; and 2. Claim 2 of the instant petition is dismissed. Dated: May 13, 2011 5 6 7 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2