Spivey v. Kernan

Full title: EDDIE CHARLES SPIVEY, Petitioner, v. SCOTT KERNAN, et al., Respondents

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

Date published: May 18, 2007

2:05-cv-2223-GEB-KJM-P (E.D. Cal. May. 18, 2007)

Opinion

2:05-cv-2223-GEB-KJM-P.

May 18, 2007

ORDER

GARLAND BURRELL 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 March 26, 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 March 26, 2007, are adopted in full;

2. Petitioner's request that this action be dismissed is granted; and

3. This action is dismissed without prejudice.