Arsellers Scott v. Warden

Filing 59

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge George H. Wu for Report and Recommendation 56 . IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is denied 50 . (mt)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 ARSELLERS SCOTT, 12 Petitioner, 13 v. 14 RALPH DIAZ, 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 13-00902-GW (DFM) Order Accepting Findings and Recommendation of United States Magistrate Judge 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended 19 Petition, Respondent’s Motion to Dismiss, the other records on file herein, and 20 the Report and Recommendation of the United States Magistrate Judge. No 21 objections to the Report and Recommendation have been filed herein. The 22 Court accepts the findings and recommendation of the Magistrate Judge. 23 IT IS THEREFORE ORDERED that Respondent’s Motion to Dismiss 24 is denied. 25 Dated: February 5, 2015 26 27 28 ______________________________ GEORGE H. WU United States District Judge

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