Levi v. Board of Prison Terms

Full title: ROBERT LEVI, Petitioner, v. BOARD OF PRISON TERMS, Respondent

Court: United States District Court, E.D. California

Date published: Dec 12, 2006

1:06-CV-00910 AWI SMS HC (E.D. Cal. Dec. 12, 2006)

Opinion

1:06-CV-00910 AWI SMS HC.

December 12, 2006

ORDER ADOPTING FINDINGS AND RECOMMENDATION [Doc. #5] ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT

ANTHONY ISHII, District Judge

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On October 19, 2006, the Magistrate Judge issued a Findings and Recommendation that recommended the petition for writ of habeas corpus be DISMISSED for failure to comply with a court order. Specifically, Petitioner had failed to pay the filing fee or submit an application to proceed in forma pauperis within the allotted time. This Findings and Recommendation was served on all parties and contained notice that any objections to the Findings and Recommendation were to be filed within ten (10) days of the date of service of the order. Over ten (10) days have passed and no party has filed objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendation is supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendation issued October 19, 2006, is ADOPTED IN FULL;

2. The petition for writ of habeas corpus is DISMISSED; and

3. The Clerk of the Court is DIRECTED to enter judgment.

IT IS SO ORDERED.