Flinoyd Brown v. Matthew Cate

Filing 52

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge S. James Otero for Report and Recommendation (Issued) 47 . IT IS HEREBY ORDERED that the Motion is granted in part and denied part: (1) Claims 6f and 6g (as enumerated in the Report and Recommendation) are dismissed with prejud ice because such claims are time-barred; and (2) the Motion is otherwise denied. (rp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FLINOYD BROWN,

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Petitioner,

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v.
MATTHEW CATE,

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Respondent.

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Case No. 10-0529 SJO(JC)

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

Pursuant to 28 U.S.C. § 636, the Court has reviewed the operative First

18 Amended Petition for Writ of Habeas Corpus (the “Petition”), respondent’s Motion
19 to Dismiss the Petition (“Motion”), petitioner’s opposition thereto, and all of the
20 records herein, including the Report and Recommendation of United States
21 Magistrate Judge. The Court approves and accepts the United States Magistrate
22 Judge’s Report and Recommendation (“Report and Recommendation”).
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IT IS HEREBY ORDERED that the Motion is granted in part and denied

24 part: (1) Claims 6f and 6g (as enumerated in the Report and Recommendation) are
25 dismissed with prejudice because such claims are time-barred; and (2) the Motion
26 is otherwise denied.
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IT IS FURTHER ORDERED that the Clerk serve copies of this Order and

2 the Report and Recommendation on petitioner and on respondent’s counsel.
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IT IS SO ORDERED.

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October 28, 2012

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DATED: _________________________

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________________________________________
HONORABLE S. JAMES OTERO
UNITED STATES DISTRICT JUDGE

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