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Galindo v. Foulk

March 15, 2010

ABRAHAM GALINDO, PETITIONER,
v.
ED FOULK, EXECUTIVE DIRECTOR, RESPONDENT.



The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

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 17, 2010, 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-one 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 February 17, 2010, are adopted in full;

2. Respondent's June 24, 2009 motion to dismiss (Doc. No. 11) is denied; and

3. Petitioner is granted thirty days leave to file a declaration notifying the court as to how he wishes to proceed in this case based on the three options the magistrate judge discussed in the findings and recommendations.

20100315

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