Kenrick Daly v. Leland McEwen

Filing 63

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Dale S. Fischer Re Report and Recommendation 54 : Having made a de novo determination of those portions of the Report and Recommendation to which objections have been made, the Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge. IT THEREFORE IS ORDERED that petitioners request for discovery and an evidentiary hearing is denied and that Judgment be entered dismissing the First Amended Petition with prejudice. (ad)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 KENRICK DALY, 12 Petitioner, 13 14 15 vs. FRANK X. CHAVEZ, Acting Warden, 16 17 Respondent. ) ) ) ) ) ) ) ) ) ) Case No. CV 11-1818-DSF (DTB) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended 18 Petition, all the records and files herein, and the Report and Recommendation of the 19 United States Magistrate Judge. Objections to the Report and Recommendation have 20 been filed herein by both petitioner and respondent. Having made a de novo 21 determination of those portions of the Report and Recommendation to which 22 objections have been made, the Court concurs with and accepts the findings, 23 conclusions and recommendations of the Magistrate Judge. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 1 IT THEREFORE IS ORDERED that petitioner’s request for discovery and an 2 evidentiary hearing is denied and that Judgment be entered dismissing the First 3 Amended Petition with prejudice. 4 5 DATED: 11/5/13 6 DALE S. FISCHER UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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