Brown v. Campbell

Full title: MELVIN L. BROWN, Petitioner, v. R. CAMPBELL, Respondent

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

Date published: Sep 25, 2007

No. CIV S-06-2360 LKK DAD P (E.D. Cal. Sep. 25, 2007)

Opinion

No. CIV S-06-2360 LKK DAD P.

September 25, 2007

ORDER

LAWRENCE KARLTON, Senior District Judge

Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.

On August 6, 2007, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Respondent has filed objections to the findings and recommendations. Petitioner has filed a reply.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed August 6, 2007, are adopted in full;

2. Respondent's January 3, 2007 motion to dismiss the petition is denied;

3. Petitioner's request to file an amended petition reflecting only exhausted claims is granted; and

4. Respondent is directed to file an answer within thirty days of service of the petitioner's amended petition.