(HC) DeFrantze v. McGinness, No. 2:2008cv01984 - Document 12 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING in full 10 FINDINGS and RECOMMENDATIONS, signed by Judge John A. Mendez on 1/14/09. Petitioner's application for a writ of hc is dismissed for failure to state a cognizable federal claim; and this case is CLOSED. (Kastilahn, A)

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(HC) DeFrantze v. McGinness Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUCAS NOEL DEFRANTZE, 11 Petitioner, 12 13 No. CIV S-08-1984 JAM DAD P vs. JOHN MCGINNESS, 14 Respondent. 15 ORDER / 16 Petitioner, currently confined at the Sacramento County Main Jail, has filed an 17 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to 18 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order 19 No. 262. 20 On November 13, 2008, the magistrate judge filed findings and recommendations 21 herein which were served on petitioner and which contained notice to petitioner that any 22 objections to the findings and recommendations were to be filed within twenty days. Petitioner 23 has filed 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 entire 26 ///// 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed November 13, 2008, are adopted in 5 full; 6 7 2. Petitioner’s application for a writ of habeas corpus is dismissed for failure to state a cognizable federal claim; and 8 9 3. This action is closed. DATED: January 14, 2009 10 11 /s/ John A. Mendez 12 UNITED STATES DISTRICT JUDGE 13 14 /defr1984.804hc 15 16 17 18 19 20 21 22 23 24 25 26 2

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