(HC) McNeely v. Swarthout, No. 2:2010cv00728 - Document 22 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 09/29/10 ordering the findings and recommendations filed 08/16/10 16 are adopted in full. Petitioner's motion to amend or alter the judgment 14 is denied.(Plummer, M)
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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOCK MCNEELY, Petitioner, 11 12 13 14 vs. GARY SWARTHOUT, Warden, Respondent. ORDER / 15 16 No. CIV S-10-0728 JAM KJM P 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 Rule 302. 19 On August 6, 2010, 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-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 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 6, 2010, are adopted in full; 3 and 2. Petitioner’s motion to amend or alter the judgment (Docket No. 14) is denied. 4 5 6 DATED: September 29, 2010. 7 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 8 9 /mcne0728.804.hc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2