-GGH (HC) Deneke v. Swarthout, No. 2:2010cv03089 - Document 9 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 1/18/2011 ORDERING that the 12/13/10 findings and recommendations are construed as an order; and this case is DISMISSED. CASE CLOSED. (Yin, K)

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-GGH (HC) Deneke v. Swarthout Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROLANDO REINER DENEKE 11 12 13 14 15 16 17 18 Petitioner, No. CIV S-10-3089 GGH P vs. GARY SWARTHOUT, Respondents. ORDER / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 On December 12, 2010, the undersigned issues findings and recommendations 19 that this petition be dismissed as petitioner failed to set forth a proper federal claim and the 20 undersigned ordered that a district judge be assigned to this case. 21 On December 22, 2010, petitioner consented to the jurisdiction of the undersigned 22 and on December 23, 2010, petitioner requested an extension to file objections to the findings 23 and recommendations. However, on December 23, 2011, petitioner filed objections. 24 As petitioner has consented to the jurisdiction of the undersigned no objections 25 are necessary. To the extent that the objections are construed as a request for reconsideration, the 26 request is denied as petitioner’s petition is entirely frivolous as was described in the December 1 Dockets.Justia.com 1 13, 2010, order. 2 In accordance with the above, IT IS HEREBY ORDERED that: 3 1. The December 13, 2010, order and findings and recommendations be 4 construed as an order; 5 6 2. This case is dismissed. DATED: January 18, 2011 7 /s/ Gregory G. Hollows 8 UNITED STATES MAGISTRATE JUDGE 9 GGH: AB 10 dene3089.ord 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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