(HC) Franklin v. Walker, No. 2:2008cv01276 - Document 23 (E.D. Cal. 2010)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 2/1/10 ORDERING the Findings and Recommendations 21 are ADOPTED IN FULL; and Petitioner's application for a writ of habeas corpus is DENIED. CASE CLOSED. (Carlos, K)
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(HC) Franklin v. Walker Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY PRINCE FRANKLIN, Petitioner, 11 12 13 14 No. CIV S-08-1276 FCD CHS P vs. JAMES WALKER, Warden, Respondent. ORDER 15 16 17 / Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On December 28, 2009, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty days. Petitioner 23 has filed timely objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and 1 Dockets.Justia.com 1 by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 2 3 1. The findings and recommendations filed December 28, 2009 are adopted in full; and 4 2. Petitioner’s application for writ of habeas corpus is denied. 5 DATED: February 1, 2010. 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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