Darius Gant v. Ron E. Barnes

Filing 87

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Cormac J. Carney Re Report and Recommendation (Issued) 84 : The Court accepts the findings and recommendation of the Magistrate Judge. IT IS THEREFORE ORDERED that petitioner's Motion to Amend 35 is granted in part as follows: the proposed First Amended Petition lodged with the Motion to Amend is deemed filed as of August 25, 2016, but with the following claims stricken: Claim One(E), Claim Two, and the portion of Claim Four that incorporates and references Claim Two. (ad)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DARIUS GANT, 12 Petitioner, 13 14 v. RON E. BARNES, Warden, 15 16 Respondent. ___________________________ ) ) ) ) ) ) ) ) ) ) ) Case No. CV 14-2618-CJC (SP) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 17 18 Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the Petition, records on 19 file, and the Report and Recommendation of the United States Magistrate Judge. 20 Further, the Court has engaged in a de novo review of those portions of the Report to 21 which petitioner has objected. The Court accepts the findings and recommendation 22 of the Magistrate Judge. 23 \\ 24 \\ 25 26 27 28 1 IT IS THEREFORE ORDERED that petitioner's Motion to Amend (docket 2 no. 35) is granted in part as follows: the proposed First Amended Petition lodged 3 with the Motion to Amend is deemed filed as of August 25, 2016, but with the 4 following claims stricken: Claim One(E), Claim Two, and the portion of Claim Four 5 that incorporates and references Claim Two. 6 7 DATED: August 28, 2017 ______________________________ HONORABLE CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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