Hernandez v. Prosper

Full title: VICTOR MANUEL HERNANDEZ, Petitioner, v. KATHY PROSPER, Warden, Respondent

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

Date published: Jan 19, 2007

1:06-CV-00641 OWW SMS HC (E.D. Cal. Jan. 19, 2007)

Opinion

1:06-CV-00641 OWW SMS HC.

January 19, 2007

ORDER ADOPTING FINDINGS AND RECOMMENDATION [Doc. #6] ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT

OLIVER WANGER, District Judge

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On December 20, 2006, the Magistrate Judge issued a Findings and Recommendation that recommended the petition for writ of habeas corpus be DISMISSED without prejudice for Petitioner's failure to exhaust state remedies. This Findings and Recommendation was served on all parties and contained notice that any objections to the Findings and Recommendation were to be filed within ten (10) court days of the date of service of the order. Over ten (10) days have passed and no party has filed objections.

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 finds that the Findings and Recommendation is supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendation issued December 20, 2006, is ADOPTED IN FULL;

2. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE;

3. The Clerk of the Court is DIRECTED to enter judgment.

IT IS SO ORDERED.