Whittenburg v. Horel

Full title: JAMES WHITTENBURG, Petitioner, v. ROBERT A. HOREL, Respondent

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

Date published: Jan 30, 2008

No. 2:06-cv-02631-MCE-DAD P (E.D. Cal. Jan. 30, 2008)

Opinion

No. 2:06-cv-02631-MCE-DAD P.

January 30, 2008

ORDER

MORRISON ENGLAND 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 December 21, 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 December 21, 2007, are adopted in full;

2. Respondent's August 28, 2007 motion to dismiss the amended petition as barred by the applicable statute of limitations is granted; and

3. This action is dismissed.