(HC) Tyrell v. Hoffman, No. 2:2008cv02855 - Document 54 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 52 FINDINGS AND RECOMMENDATIONS in full signed by Judge John A. Mendez on 05/24/11 and ORDERING that the 44 Motion to Reopen the Appeal Period is DENIED. (Benson, A.)
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(HC) Tyrell v. Hoffman Doc. 54 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN REGENT TYRELL, 11 12 Petitioner, No. 2:08-cv-2855 JAM KJN P vs. 13 THOMAS G. HOFFMAN, 14 Respondent. 15 16 ORDER / Petitioner, a state prisoner proceeding pro se, has filed this application for a writ 17 of 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 Rule 302. 19 On March 18, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Petitioner has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 18, 2011, are adopted in full; 3 and 4 2. Petitioner’s December 15, 2010 motion to reopen the appeal period (Dkt. No. 5 44) is denied. 6 DATED: May 24, 2011 7 8 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2