Heyward Clark v. People of the State of California

Filing 20

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Valerie Baker Fairbank: Neither petitioner nor respondent has filed any written Objections to the Report within the time permitted. The Court accepts the findings and recommendation of the Magistrate Judge 18 . IT IS THEREFORE ORDERED: petitioners motion to amend the name of the respondent and to substitute Elvin Valenzuela, Warden, as respondent is granted; ground two is dismissed as not cognizable; ground three is dismissed pursuant to petitioners request; and respondents Motion to Dismiss the Petition is denied as moot. Respondent is ordered to answer the remaining grounds in the Petition within thirty days of this Order. (ad)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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HEYWARD CLARK,

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Petitioner,

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v.

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PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.

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___________________________

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Case No. CV 13-2253-VBF (SP)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on

20 file, and the Report and Recommendation of the United States Magistrate Judge.
21 Neither petitioner nor respondent has filed any written Objections to the Report
22 within the time permitted. The Court accepts the findings and recommendation of
23 the Magistrate Judge.
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IT IS THEREFORE ORDERED: petitioner’s motion to amend the name of

25 the respondent and to substitute Elvin Valenzuela, Warden, as respondent is granted;
26 ground two is dismissed as not cognizable; ground three is dismissed pursuant to
27 petitioner’s request; and respondent’s Motion to Dismiss the Petition is
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1 denied as moot. Respondent is ordered to answer the remaining grounds in the
2 Petition within thirty days of this Order.
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5 DATED: August 5, 2013
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HONORABLE VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE

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