Marcus Ruben Ellington v. Salinas Valley State Prison

Filing 14

ORDER ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE by Judge Audrey B. Collins for Report and Recommendation 11 : IT IS ORDERED that: 1. The Objection is overruled. It reiterates arguments that were properly re jected in the R&R, and makes additional contentions that are rebutted by the minutes of the July 21, 2011 disciplinary hearing. The Court finds Petitioner's disciplinary hearing complied with the Due Process Clause, Superintendent v. Hill, 47 2 U.S. 445, 454, 105 S. Ct. 2768 (1985); Wolffv. McDonnell, 418 U.S. 539, 556,563-67,94 S. Ct. 2963 (1974). and accents the findings and recommendation of the R&R. 2. Judgment shall be entered denying the Petition and dismissing this action with prejudice. 3. All motions are denied as moot and terminated. (rla)

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FILED - SOUTHERN DIVISION
U._S. DISTRICT

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APR I I 2013

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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Case No. CV 13-01602 ABC (AN)

MARCUS RUBEN ELLINGTON,
Petitioner,

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ORDER ACCEPTING THE FINDINGS
AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE

v.

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SALINAS VALLEY STATE
PRISON,
Respondent.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the file, including the

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Magistrate Judge's Report and Recommendation ("R&R") and Petitioner's Objection

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[13]. Further, the Court has completed a de novo review of those portions of the R&R

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to which Petitioner has objected.

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IT IS ORDERED that:

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1.

The Objection is overruled. It reiterates arguments that were properly

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rejected in the R&R, and makes additional contentions that are rebutted by the minutes

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of the July 21, 2011 disciplinary hearing. The Court finds Petitioner's disciplinary

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hearing complied with the Due Process Clause, Superintendent v. Hill, 472 U.S. 445,

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454, 105 S. Ct. 2768 (1985); Wolffv. McDonnell, 418 U.S. 539, 556,563-67,94 S. Ct.

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2963 (1974). and accents the findin2:s and recommendation of the R&R.
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2.

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with prejudice.

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3.

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IT IS FURTHER ORDERED that the clerk of the Court shall serve a copy ofthis

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Judgment shall be entered denying the Petition and dismissing this action

All motions are denied as moot and terminated.

Order and the Judgment on all counsel or parties of record.

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Dated: April 8, 2013

. AUDREY B. COLLINS

UNITED STATES DISTRICT JUDGE