Soto v. Gilkey

Full title: MARCO RENE ALMEIDA SOTO, Petitioner, v. CHARLES R. GILKEY, WARDEN…

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

Date published: Dec 30, 2006

CV F 04-6281 AWI WMW HC (E.D. Cal. Dec. 30, 2006)

Opinion

CV F 04-6281 AWI WMW HC.

December 30, 2006

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RE DENIAL OF PETITION [Doc. 9]

ANTHONY ISHII, District Judge

Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

On July 17, 2006, the Magistrate Judge filed findings and recommendations herein. These findings and recommendations were served on the parties and contained notice to the parties that any objections to the findings and recommendations were to be filed within thirty days. Petitioner did not file objections.¹

1 The court notes that Petitioner's copy of the findings and recommendations was returned by the United States Postal Service with the notation that it was undeliverable and that Petitioner was out of custody. Pursuant to Local Rule 83-182, service at a party's address of record is fully effective.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) this court has conducted a de novo review of this case. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9^th Cir. 1983). Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

Based on the foregoing, it is HEREBY ORDERED that:

1. The findings and recommendations issued by the Magistrate Judge on July 17, 2006, are a adopted in full; 2. The Petition for Writ of Habeas Corpus is denied; 3. The Clerk of the Court is directed to enter judgment for Respondent and to close this case. IT IS SO ORDERED.