Derek Pettis v. D. Asuncion

Filing 21

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Consuelo B. Marshall for Report and Recommendation (Issued), 20 . The Court approves and accepts the Report and Recommendation. IT IS HEREBY ORDERED that the Motion to Dismiss is granted and the Petition and this action are dismissed. (dml)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

DEREK PETTIS,

12

Petitioner,

13
14
15
16
17

v.
D. ASUNCION,
Respondent.
________________________________

18

)
)
)
)
)
)
)
)
)
)
)

Case No. CV 16-4241 CBM(JC)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of

19 Habeas Corpus by a Person in State Custody (“Petition”) and accompanying
20 documents, the submissions in connection with the Motion to Dismiss the Petition
21 (“Motion to Dismiss”), and all of the records herein, including the attached Report
22 and Recommendation of United States Magistrate Judge (“Report and
23 Recommendation”). The Court approves and accepts the Report and
24 Recommendation.
25

IT IS HEREBY ORDERED that the Motion to Dismiss is granted and the

26 Petition and this action are dismissed.
27 ///
28 ///

1

IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the

2 Report and Recommendation, and the Judgment herein on petitioner and counsel
3 for respondent.
4

LET JUDGMENT BE ENTERED ACCORDINGLY.

5
6

DATED: March 8, 2017

7
8

________________________________________

9

HONORABLE CONSUELO B. MARSHALL
SENIOR UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2