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Clifford Lee Ellis v. Roseanne Campbell

May 9, 2011

CLIFFORD LEE ELLIS, PETITIONER,
v.
ROSEANNE CAMPBELL, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Dale S. Fischer United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The Court concurs with and adopts the findings, conclusions and recommendations of the Magistrate Judge. The Court notes that, although only one claim is identified at page 3 of the Report and Recommendation, the Magistrate Judge considered and the Report and Recommendation addresses, both claims. (See p. 10.) The Court also notes that Pinholster v. Ayers, 590 F.3d 651 (9th Cir. 2009), cited at page 5 of the Report and Recommendation, has since been reversed. The reversal has no effect on this Court's ruling.

IT THEREFORE IS ORDERED that Judgment be entered dismissing this Petition on the merits with prejudice.

20110509

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