Lowery v. State

Full title: KEVIN D. LOWERY, Petitioner, v. STATE OF CALIFORNIA, et al., Respondents

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

Date published: Mar 21, 2008

No. CIV S-07-1425 LEW EFB P (E.D. Cal. Mar. 21, 2008)

Opinion

No. CIV S-07-1425 LEW EFB P.

March 21, 2008

ORDER

RONALD LEW, 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 February 12, 2008, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within twenty days. Petitioner has filed objections to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 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 February 12, 2008, are adopted in full; and

2. Petitioner's application for a writ of habeas corpus is dismissed for lack of jurisdiction and for petitioner's failure to name the proper respondent.