Julian Sohail Khazzan v. Heidi M. Lackner

Filing 22

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Fernando M. Olguin for Report and Recommendation (Final) 21 , and re: MOTION to Dismiss Case 6 . IT IS THEREFORE ORDERED that: respondent's Motion to Dismiss is granted in part, in that Ground Two and the part of Ground One pertaining to the alleged failure of the California Department of Corrections and Rehabilitation to follow its own regulations are dismissed; and respondent's Motion to Dismiss is denied in all other respects, without prejudice to respondent reasserting her argument that the Petition is untimely in her answer. (iva)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JULIAN SOHAIL KHAZZAN,

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Petitioner,

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v.

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HEIDI M. LACKNER, Warden,

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Respondent.

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___________________________

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Case No. CV 14-2675-FMO (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 Final Report and Recommendation of the United States Magistrate
21 Judge. Further, the Court has engaged in a de novo review of those portions of the
22 initial Report and Recommendation to which respondent has objected. The Court
23 accepts the findings and recommendations of the Magistrate Judge.
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IT IS THEREFORE ORDERED that: respondent's Motion to Dismiss is

25 granted in part, in that Ground Two and the part of Ground One pertaining to the
26 alleged failure of the California Department of Corrections and Rehabilitation to
27 follow its own regulations are dismissed; and respondent's Motion to Dismiss is
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1 denied in all other respects, without prejudice to respondent reasserting her argument
2 that the Petition is untimely in her answer.
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4 DATED: May 13, 2015
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_________________/s/_________________
HONORABLE FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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