Himmelberger v. Marshall

Full title: KRISTIN R. HIMMELBERGER, Petitioner, v. JOHN MARSHALL, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jun 16, 2011

CV 08-203 GAF(JC) (C.D. Cal. Jun. 16, 2011)

Opinion

KRISTIN R. HIMMELBERGER, Petitioner, v. JOHN MARSHALL, Respondent. No. CV 08-203 GAF(JC) United States District Court, C.D. California. June 16, 2011

          ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE.

          GARY A. FEESS, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), and petitioner's objections to the Report and Recommendation ("Objections"). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court concurs with and adopts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections.

         IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Report and Recommendation, and the Judgment herein on petitioner and counsel for respondent.

         LET JUDGMENT BE ENTERED ACCORDINGLY.