Eleobardo Lopez v. S. Frauenheim

Filing 18

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge James V. Selna for Report and Recommendation (Issued). IT THEREFORE IS ORDERED that Respondent's motion to dismiss is granted in part, the Petition is denied, and Judgment be entered dismissing this action without prejudice. The Court takes no position on whether any new petition Petitioner may file would be timely or second or successive. (See Order for details) 17 , 10 (bem)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 ELEOBARDO LOPEZ, 14 ) Case No. CV 16-2782-JVS (JPR) ) ) ) ORDER ACCEPTING FINDINGS AND ) RECOMMENDATIONS OF U.S. ) MAGISTRATE JUDGE ) ) ) ) 15 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 10 Petitioner, 11 v. 12 S. FRAUENHEIM, Warden, 13 Respondent. 16 Petition, records on file, and Report and Recommendation of U.S. 17 Magistrate Judge. No objections to the Report and Recommendation 18 have been filed, and, although the Magistrate Judge gave him the 19 opportunity to do so, Petitioner has not requested a stay. The 20 Court accepts the findings and recommendations of the Magistrate 21 Judge. 22 IT THEREFORE IS ORDERED that Respondent’s motion to dismiss 23 is granted in part, the Petition is denied, and Judgment be 24 entered dismissing this action without prejudice. The Court 25 takes no position on whether any new petition Petitioner may file 26 would be timely or second or successive. 27 28 DATED: January 24, 2017 JAMES V. SELNA U.S. DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?