Logan v. Henry

Full title: DEBORAH L. LOGAN, Petitioner, v. GLORIA A. HENRY, Warden, Respondent

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

Date published: Dec 30, 2006

1:04-CV-05638 AWI SMS HC (E.D. Cal. Dec. 30, 2006)

Opinion

1:04-CV-05638 AWI SMS HC.

December 30, 2006

ORDER ADOPTING FINDINGS AND RECOMMENDATION [Doc. #12] ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS [Doc. #1] 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 November 1, 2006, the Magistrate Judge issued Findings and Recommendation that recommended the petition be DISMISSED for failure to exhaust state remedies. The Magistrate Judge further recommended that the Clerk of Court be DIRECTED to enter judgment. The Findings and Recommendation was served on all parties and contained notice that any objections were to be filed within ten (10) days of the date of service of the order.

On November 22, 2006, Petitioner filed her objections to the Findings and Recommendation.

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 and having considered the objections, the Court concludes that the Magistrate Judge's Findings and Recommendation is supported by the record and proper analysis, and there is no need to modify the Findings and Recommendations based on the points raised in the objections.

Accordingly, IT IS HEREBY ORDERED that:

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

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

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

IT IS SO ORDERED.