Garcia
v.
Kane

United States District Court, E.D. CaliforniaDec 30, 2006
1:02-cv-05878-AWI-DLB-HC. (E.D. Cal. Dec. 30, 2006)

1:02-cv-05878-AWI-DLB-HC.

December 30, 2006


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 84) ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS ORDER DENYING MOTION/REQUEST FOR DISCOVERY AS MOOT (Doc. 50) ORDER DIRECTING CLERK TO ENTER JUDGMENT FOR RESPONDENT


Petitioner is a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.

On October 20, 2006, the Magistrate Judge filed Findings and Recommendations that the Petition for Writ of Habeas Corpus be DENIED, that Petitioner's motion/request for discovery be DENIED as MOOT, and that judgment be entered in favor of Respondent. These Findings and Recommendations were served on all parties and contained notice that any objections were to be filed within thirty (30) days from the date of service of that order. To date, the parties have not filed timely objections to the Findings and Recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed October 20, 2006, are ADOPTED IN FULL;

2. The Petition for Writ of Habeas Corpus is DENIED;

3. The Clerk of Court enter judgment in favor of Respondent; and,

4. Petitioner's motion/request for discovery, filed May 26, 2005, is DENIED as MOOT.

IT IS SO ORDERED.