Steven Fishman v. United States of America et al

Filing 21

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Michael W. Fitzgerald for Report and Recommendation (Issued) 20 . IT IS ORDERED that the Petition is dismissed without prejudice because this Court lacks habeas subject matter jurisdiction over petitioner's claim.. (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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STEVEN FISHMAN,

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Petitioner,

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v.
UNITED STATES OF
AMERICA, et al.,

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Respondents.

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Case No. CV 13-2677 MWF(JC)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the “Writ of Habeas

18 Corpus Pursuant to 28 U.S.C. § 2241 by a Person in Federal Custody” (the
19 “Petition”), the Motion to Dismiss the Petition and all supporting and opposing
20 documents filed in connection therewith, and all of the records herein, including
21 Report and Recommendation of United States Magistrate Judge (“Report and
22 Recommendation”). The Court approves and accepts the Report and
23 Recommendation.
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IT IS ORDERED that the Petition is dismissed without prejudice because

25 this Court lacks habeas subject matter jurisdiction over petitioner’s claim.
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IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the

2 Report and Recommendation, and the Judgment herein on petitioner and on
3 counsel for respondent.
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LET JUDGMENT BE ENTERED ACCORDINGLY.
DATED: January 14, 2014
________________________________________
HONORABLE MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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