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ABARCA v. RYAN

United States District Court, S.D. California


December 5, 2005.

JOSE ABARCA, Petitioner,
v.
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.

20051205

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