Kirk Franklin v. Gary Swarthout

Filing 19

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Dean D. Pregerson. It is Ordered that Grounds One and Two of the Petition are denied and dismissed with prejudice, and Ground Three of the Petition is denied and dismissed without prejudice. (Attachments: # 1 R&R) (sp)

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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 KIRK FRANKLIN, ) NO. CV 11-8235-DDP(E) ) Petitioner, ) ) v. ) ORDER ACCEPTING FINDINGS, ) GARY SWARTHOUT, Warden, ) CONCLUSIONS AND RECOMMENDATIONS OF ) Respondent. ) UNITED STATES MAGISTRATE JUDGE ) ______________________________) 17 18 Pursuant to 28 U.S.C. section 636, the Court has reviewed the 19 Petition, all of the records herein and the attached Report and 20 Recommendation of United States Magistrate Judge. 21 and adopts the Magistrate Judge’s Report and Recommendation. The Court accepts 22 23 IT IS ORDERED that Grounds One and Two of the Petition are denied 24 and dismissed with prejudice, and Ground Three of the Petition is 25 denied and dismissed without prejudice. 26 /// 27 /// 28 /// 1 IT IS FURTHER ORDERED that the Clerk serve copies of this Order, 2 the Magistrate Judge’s Report and Recommendation and the Judgment 3 herein on Petitioner, and counsel for Respondent. 4 5 LET JUDGMENT BE ENTERED ACCORDINGLY. 6 7 DATED: _June 11_, 2012. 8 9 10 11 __________________________________ DEAN D. PREGERSON 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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