Tholmer v. Harrison

Full title: LIONELL THOLMER, Petitioner, v. C.M. HARRISON, Respondent

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

Date published: Jan 8, 2008

No. CIV S-04-2491 FCD EFB P (E.D. Cal. Jan. 8, 2008)

Opinion

No. CIV S-04-2491 FCD EFB P.

January 8, 2008

ORDER

FRANK DAMRELL 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 November 20, 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 November 20, 2007, are adopted in full;

2. Petitioner's October 30, 2006, request for an evidentiary hearing is denied;

3. Petitioner's application for a writ of habeas corpus is denied; and

4. The Clerk of the Court is directed to close this case.