From Casetext: Smarter Legal Research

Smith v. State

United States District Court, E.D. California
Oct 7, 2008
No. CIV S-08-1769-MCE-GGH P (E.D. Cal. Oct. 7, 2008)

Opinion

No. CIV S-08-1769-MCE-GGH P.

October 7, 2008


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 September 11, 2008, 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. 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 September 11, 2008 (Docket #5), are adopted in full; and

2. The application for a writ of habeas corpus is denied for failure to exhaust state remedies.


Summaries of

Smith v. State

United States District Court, E.D. California
Oct 7, 2008
No. CIV S-08-1769-MCE-GGH P (E.D. Cal. Oct. 7, 2008)
Case details for

Smith v. State

Case Details

Full title:FRAISURE EARL SMITH, Petitioner, v. STATE OF CALIFORNIA, et al.…

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

Date published: Oct 7, 2008

Citations

No. CIV S-08-1769-MCE-GGH P (E.D. Cal. Oct. 7, 2008)