IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 2, 2011
DOCK MCNEELY, PETITIONER,
LOU BLANAS, RESPONDENT.
The opinion of the court was delivered by: John A. Mendez United States District Judge
Dock McNeely, whose habeas case concluded in 2003 following an order from the Ninth Circuit that the writ be granted and that petitioner be released from custody, now seeks an order holding respondent in contempt. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 2, 2011, 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 fourteen days. Neither party has filed objections to the findings and recommendations.*fn1
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 2, 2011, are adopted in full;
2. Petitioner's motion for an order to show cause and a declaration of contempt, Dckt. No. 140, is denied; and
3. Petitioner's motion for recusal of the undersigned, Dckt. No. 142, is denied.