Johnny Serbantez v. Michael F. Martel

Filing 35

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge George H. Wu for Report and Recommendation (Issued) 28 . IT THEREFORE IS ORDERED that petitioners request for an evidentiary hearing is denied and that Judgment be entered denying the Petition and dismissing this action with prejudice. (iva)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 JOHNNY SERBANTEZ, 12 13 14 15 16 17 Petitioner, vs. NEIL MCDOWELL, Acting Warden, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. CV 14-05130-GW(DTB) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the 18 records and files herein, and the Report and Recommendation of the United States 19 Magistrate Judge. Objections to the Report and Recommendation have been filed 20 herein. Having made a de novo determination of those portions of the Report and 21 Recommendation to which objections have been made, the Court concurs with and 22 accepts the findings, conclusions and recommendations of the Magistrate Judge. 23 IT THEREFORE IS ORDERED that petitioner’s request for an evidentiary 24 hearing is denied and that Judgment be entered denying the Petition and dismissing 25 this action with prejudice. 26 27 DATED: July 18, 2016 GEORGE H. WU UNITED STATES DISTRICT JUDGE 28 1

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