Lowe v. Scribner

Full title: FLOYD LOWE, Petitioner, v. A.K. SCRIBNER, Warden, et al., Respondents

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

Date published: Aug 28, 2006

No. CIV S-02-0882 LKK GGH P (E.D. Cal. Aug. 28, 2006)

Opinion

No. CIV S-02-0882 LKK GGH P.

August 28, 2006

ORDER

LAWRENCE KARLTON, Senior District Judge

Petitioner, a state prisoner proceeding with appointed counsel, 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 May 9, 2006, 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 ten days. On May 26, 2006, petitioner was granted until June 30, 2006, in which to file his objections. Petitioner has filed objections to the findings and recommendations.

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 May 9, 2006, are adopted in full; and

2. Petitioner's application for a writ of habeas corpus is denied.