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Montalvo v. Walker

United States District Court, E.D. California
Feb 22, 2010
No. CIV S-08-1224 GEB KJM P (E.D. Cal. Feb. 22, 2010)

Opinion

No. CIV S-08-1224 GEB KJM P.

February 22, 2010


ORDER


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 January 15, 2010, 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-one days. Respondent 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 (Docket No. 39), are adopted in full; and

2. Respondent's motion to dismiss (Docket No. 32) is denied.


Summaries of

Montalvo v. Walker

United States District Court, E.D. California
Feb 22, 2010
No. CIV S-08-1224 GEB KJM P (E.D. Cal. Feb. 22, 2010)
Case details for

Montalvo v. Walker

Case Details

Full title:JOHN MONTALVO, Petitioner, v. J. WALKER, Acting Warden, Respondent

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

Date published: Feb 22, 2010

Citations

No. CIV S-08-1224 GEB KJM P (E.D. Cal. Feb. 22, 2010)