(HC) Walker v. Haviland, No. 2:2009cv00304 - Document 23 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 22 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 8/25/2010. Respondent's 15 Motion to Dismiss is DENIED. (Marciel, M)
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(HC) Walker v. Haviland Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN ERIC WALKER, 11 Petitioner, 12 No. CIV S-09-0304 GEB KJM P vs. 13 J.W. HAVILAND, Warden, 14 Respondent. 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 June 23, 2010, 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. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 2 3 4 1. The findings and recommendations filed June 23, 2010, are adopted in full; and 2. Respondent’s motion to dismiss (docket no. 15) is denied. Dated: August 25, 2010 5 6 7 GARLAND E. BURRELL, JR. United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2