(HC) Fernando v. People of the State of California, No. 2:2008cv02610 - Document 30 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 8/21/09 ORDERING the Findings and Recommendations filed 6/24/09 are ADOPTED IN FULL; respondent's motion to dismiss petition 19 is GRANTED. CASE CLOSED. (Carlos, K)
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(HC) Fernando v. People of the State of California Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LORETO L. FERNANDO, 12 Petitioner, 13 14 No. 2:08-cv-02610-MCE-GGH P vs. JOHN MARSHALL, Warden, 15 Respondent. 16 ORDER / 17 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 June 24, 2009, the magistrate judge filed findings and recommendations herein which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within twenty days. Petitioner has filed 23 objections to the findings and recommendations. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 2 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed June 24, 2009, are adopted in full; and 7 2. Respondent’s January 7, 2009 (Docket No. 19), motion to dismiss the petition as 8 9 untimely is granted. Dated: August 21, 2009 10 11 12 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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