IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 7, 2008
ANTONIO SMITH, PETITIONER,
RICHARD J. SUBIA, WARDEN, RESPONDENT.
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 May 27, 2008, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Neither party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed May 27, 2008, are adopted in full;
2. Respondent's February 13, 2008 motion to dismiss is granted; and
3. Petitioner's application for a writ of habeas corpus is dismissed due to his failure to exhaust his available state remedies with respect to the claims presented.
© 1992-2008 VersusLaw Inc.