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Smith v. Alameida

United States District Court, E.D. California
Dec 5, 2005
No. 1:05-CV-0763 AWI LJO HC, Order adopting findings and Recommendation [Doc. #7] (E.D. Cal. Dec. 5, 2005)

Opinion

No. 1:05-CV-0763 AWI LJO HC, Order adopting findings and Recommendation [Doc. #7].

December 5, 2005


ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS ORDER DIRECTING CLERK OF COURT 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 September 28, 2005, the Magistrate Judge issued a Findings and Recommendation that recommended the petition for writ of habeas corpus be DISMISSED for failure to comply with a court order. This Findings and Recommendation was served on all parties and contained notice that any objections to the Findings and Recommendation were to be filed within thirty (30) days of the date of service of the order. Over thirty (30) days have passed and no party has filed objections.

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 finds that the Findings and Recommendation is supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendation issued September 28, 2005, is ADOPTED IN FULL;
2. The petition for writ of habeas corpus is DISMISSED without prejudice

3. All pending motions are DENIED; and

4. The Clerk of the Court is DIRECTED to enter judgment.
IT IS SO ORDERED.


Summaries of

Smith v. Alameida

United States District Court, E.D. California
Dec 5, 2005
No. 1:05-CV-0763 AWI LJO HC, Order adopting findings and Recommendation [Doc. #7] (E.D. Cal. Dec. 5, 2005)
Case details for

Smith v. Alameida

Case Details

Full title:ALONZO SMITH, Petitioner, v. EDWARD S. ALAMEIDA, JR., Respondent

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

Date published: Dec 5, 2005

Citations

No. 1:05-CV-0763 AWI LJO HC, Order adopting findings and Recommendation [Doc. #7] (E.D. Cal. Dec. 5, 2005)