(HC) Davenport v. Hartley, No. 2:2008cv01438 - Document 18 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 17 FINDINGS and RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 01/09/09 and ORDERING that respondent's 10 Motion to Dismiss is GRANTED; this action is CLOSED. (Benson, A.)
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(HC) Davenport v. Hartley Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM R. DAVENPORT, 12 13 14 15 Petitioner, vs. ORDER JAMES D. HARTLEY, Warden, Respondent. 16 17 No. 2:08-cv-01438-MCE-DAD P / Petitioner, a state prisoner proceeding pro se, has filed an application 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 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On November 13, 2008, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations filed November 13, 2008, are adopted in full; 2 2. Respondent’s August 29, 2008 motion to dismiss the petition as barred by the statute 3 4 5 of limitations (Doc. No. 10) is granted; and 3. This action is closed. Dated: January 9, 2009 6 7 8 ________________________________ MORRISON C. ENGLAND, 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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