Johnson v. Evans

Full title: WILLIS LEE JOHNSON, Petitioner, v. M.S. EVANS, Respondent

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

Date published: Mar 1, 2007

No. CIV S-05-2460 FCD DAD P (E.D. Cal. Mar. 1, 2007)

Opinion

No. CIV S-05-2460 FCD DAD P.

March 1, 2007

ORDER

FRANK DAMRELL JR., District Judge

Petitioner, a state prisoner proceeding pro se, has filed an 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 January 19, 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. Neither party has filed objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed January 19, 2007, are adopted in full;

2. Respondent's June 1, 2006 motion to dismiss (docketed as #7) is granted; and

3. This action is dismissed with prejudice as barred by the statute of limitations.