Benito Gutierrez v. Martin D Biter

Filing 24

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Dean D. Pregerson. Pursuant to 28 U.S.C. section 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Rec ommendation of U.S. Magistrate Judge. The Court accepts and adopts the Magistrate Judge's Report and Recommendation. It is Ordered that Judgment be entered denying and dismissing the Petition with prejudice. (Attachments: # 1 R&R, # 2 attachment) (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 BENITO GUTIERREZ, ) ) Petitioner, ) ) v. ) ) MARTIN D. BITER, Warden, ) ) Respondent. ) ) ______________________________) NO. CV 12-3996-DDP(E) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF 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 Judgment be entered denying and dismissing the 24 Petition with prejudice. 25 /// 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 on counsel for Respondent. 4 5 LET JUDGMENT BE ENTERED ACCORDINGLY. 6 7 DATED: July 3, 2013 8 9 10 __________________________________ DEAN D. PREGERSON UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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