(HC) Smith v. Sisto, No. 2:2009cv01778 - Document 18 (E.D. Cal. 2010)

Court Description: ORDER adopting in full 16 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 9/18/10; and Respondent's 13 Motion to Dismiss is DENIED.(Kastilahn, A)
Download PDF
(HC) Smith v. Sisto Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LYNNARD SMITH, 11 12 13 14 Petitioner, vs. DENNIS K. SISTO, Respondent. 15 16 No. CIV S-09-1778 GEB KJM P 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 General Order No. 262. 19 On August 10, 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. 22 Respondent 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 25 entire 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 August 10, 2010, are adopted in full; 3 2. Respondent’s motion to dismiss (Docket No. 13) is denied. 4 Dated: September 18, 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