Opinion
1:05-cv-00822-OWW-SMS-HC, Order Adopting findings and Recommendations (Doc. 19), Order Granting Motion to Dismiss Petition for writ of Habeas Corpus (Doc. 12).
August 6, 2006
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS ORDER DIRECTING CLERK TO ENTER JUDGMENT
Petitioner is a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.
On June 16, 2006, the Magistrate Judge filed Findings and Recommendations that Respondent's Motion to Dismiss the Petition for Writ of Habeas Corpus be GRANTED. These Findings and Recommendations were served on all parties and contained notice that any objections were to be filed within thirty (30) days from the date of service of that order. To date, the parties have not filed timely objections to the Findings and Recommendations.
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 concludes that the Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations, filed June 16, 2006, are ADOPTED IN FULL;
2. Respondent's Motion to Dismiss, filed December 23, 2005, is GRANTED;
3. The Petition for Writ of Habeas Corpus is therefore DISMISSED, without prejudice; and,
4. The Clerk of Court enter judgment.
IT IS SO ORDERED.