Christopher Bernard Yancy v. J Soto

Filing 15

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Josephine L. Staton for Report and Recommendation (Issued) 12 . (nbo)

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FILED- SOUTHERN DIVISION
CLERK, U.S. DISTRICT COURT

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CENTRAL DISTRICT OF CALIFOFtNIA
BY 5,
DEPUTY

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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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CHRISTOPHERBERNARD
YANCY,
Petitioner,

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v.

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Case No. CV 13-05545 JLS (AN)
ORDER ACCEPTING THE FINDINGS
AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE

J. SOTO, Warden,
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 Objections

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[14]. 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.

Petitioner's contention that he was not provided enough time to file a reply

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is rebutted by the record. His sole attempt to submit a request for an extension of time

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to file a reply, which was rejected for filing because it failed to provide a copy for the

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Judge [13], was not received by the Court until November 18, 2013 -- 29 days after

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Petitioner's reply was due.

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///

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2.

The Objections, which reiterate arguments that were thoroughly and

correctly addressed in the R&R, are overruled for the reasons set forth in the R&R.

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The Court accepts the findings and recommendation of the R&R.

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Judgment shall be entered denying the Petition and dismissing this action

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with prejudice.

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5.

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

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All pending motions are denied as moot and terminated.

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

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Dated:_.....!_~~--\----

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