Adam Manuel Alvarez v. W. L. Montgomery

Filing 19

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED that: 1. The Amended Report and Recommendation is approved and accepted 18 . 2. Respondents motion to dismiss is GRANTED and the Court exercises its discretion to STRIKE Ground One of the Petition. See Order for details. (jtil)

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September 4, 2015

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T
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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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ADAM MANUEL ALVAREZ,

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Petitioner,

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v.

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W.L. MONTGOMERY, Warden,

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Respondent.

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No. CV 14-09004-PSG (DFM)
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, the

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other records on file herein, and the Amended Report and Recommendation of

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the United States Magistrate Judge. Petitioner has not filed any written

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objections to the report.

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IT IS HEREBY ORDERED that:

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1.

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The Amended Report and Recommendation is approved and

accepted.

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2.

Respondent’s motion to dismiss is GRANTED and the Court

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exercises its discretion to STRIKE Ground One of the Petition.

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///

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///

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3.

Respondent shall file an Answer to the remaining grounds of the

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Petition within thirty (30) days of this Order in accordance with the Court’s

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November 25, 2014 Order Requiring Response to Petition.

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Dated: September 4, 2015
______________________________
PHILIP S. GUTIERREZ
United States District Judge

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