Flinoyd Brown v. Matthew Cate

Filing 66

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge S. James Otero for Report and Recommendation (Issued) 64 . IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice. (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 FLINOYD BROWN, ) ) Petitioner, ) ) v. ) ) ) MATTHEW CATE, ) ) ) Respondent. ) ________________________________ 18 Case No. CV 10-529 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 19 Amended Petition for Writ of Habeas Corpus by a Person in State Custody (the 20 “Petition”) and all of the records herein, including the attached Report and 21 Recommendation of United States Magistrate Judge (“Report and 22 Recommendation”), and petitioner’s objections to the Report and Recommendation 23 (“Objections”). The Court has further made a de novo determination of those 24 portions of the Report and Recommendation to which objection is made. The 25 Court concurs with and accepts the findings, conclusions, and recommendations of 26 the United States Magistrate Judge and overrules the Objections. 27 /// 28 1 IT IS ORDERED that Judgment be entered denying the Petition and 2 dismissing this action with prejudice. 3 IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the 4 Report and Recommendation, and the Judgment herein on petitioner and counsel 5 for respondent. 6 LET JUDGMENT BE ENTERED ACCORDINGLY. 7 8 DATED: June 19, 2013. 9 10 ________________________________________ 11 HONORABLE S. JAMES OTERO UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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