United States District Court, S.D. California
December 5, 2005.
JOSE ABARCA, Petitioner,
STUART J. RYAN, Warden, Respondent.
The opinion of the court was delivered by: IRMA GONZALEZ, District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING MOTION TO
DISMISS PETITION FOR WRIT OF HABEAS CORPUS [DOC. NO. 12]
On January 4, 2005, Petitioner Jose Abarca, a state prisoner
proceeding pro se, filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 challenging his March 8, 2002
conviction in San Diego Superior Court Case No. SCD159232. The
case was referred to Magistrate Judge Barbara L. Major pursuant
to 28 U.S.C. § 636(b)(1)(B) and Local Rule HC.2(a).
On September 21, 2005, Magistrate Judge Major issued a report
and recommendation, recommending that the Court grant
Respondent's motion to dismiss Petitioner's claims as
procedurally barred. Magistrate Judge Major ordered that any
objections be filed on or before October 20, 2005. No objections
have been filed.
The Court, having reviewed de novo Magistrate Judge Major's
report and recommendation, finds it to be well-reasoned. The
Court, therefore, adopts the report and recommendation in full, GRANTS Respondent's motion to dismiss the Petitioner's claims as
procedurally barred [Doc. No. 12], and dismisses the Petition
with prejudice, terminating this case.
IT IS SO ORDERED.
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