Opinion
No. CIV S-10-2120 MCE EFB P
01-10-2012
KENNY LYNN WARREN, Petitioner, v. DOMINGO URIBE, JR., Respondent.
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 Rule 302.
On September 1, 2011, 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 fourteen days. Petitioner and respondent have filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 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 1, 2011 (ECF No. 27), are ADOPTED in full; and
2. Respondent's October 29, 2010 (ECF No. 12) motion to dismiss is DENIED.
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MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE