(HC) Allara v. Old Folsom State Prison et al, No. 2:2008cv02051 - Document 18 (E.D. Cal. 2009)

Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 1/27/09 ORDERING that the 14 findings and recommendations filed October 14, 2008, are adopted in full. Petitioner's 1 application for a writ of habeas corpus is DISMISSED without prejudice to filing a civil rights action. CASE CLOSED. (Duong, D)

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(HC) Allara v. Old Folsom State Prison 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 ANTHONY ALLARA, 11 Petitioner, 12 13 No. CIV S-08-2051 LKK DAD P vs. OLD FOLSOM STATE PRISON, 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 October 14, 2008, the magistrate judge filed findings and recommendations 20 herein which were served on petitioner and which contained notice to petitioner that any 21 objections to the findings and recommendations were to be filed within twenty days. On 22 November 13, 2008, petitioner was granted an additional thirty days to file objections. The time 23 period has now expired and petitioner has not filed objections to the findings and 24 recommendations. 25 ///// 26 ///// 1 Dockets.Justia.com 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 5 6 1. The findings and recommendations filed October 14, 2008, are adopted in full; and 2. Petitioner’s application for a writ of habeas corpus is dismissed without 7 prejudice to filing a civil rights action. 8 DATED: January 27, 2009. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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