Nathan Kendrix Frazier v. Martin Frink

Filing 33

ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS by Judge Dolly M. Gee. IT IS ORDERED: 1. The Report and Recommendation 27 is accepted. 2. Respondent's Motion to Dismiss is GRANTED. 3. Petitioner's Motion Requesting an Evidentiary Hearing is DENIED. 4. Judgment shall be entered consistent with this Order. 5. The clerk shall serve this Order and the Judgment on all counsel or parties of record. SEE ORDER FOR DETAILS. (ch)

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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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NATHAN KENDRIX FRAZIER,
Petitioner,

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v.

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MARTIN FRINK, Warden,
Respondent.

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No. CV 16-4255-DMG (PLA)
ORDER ACCEPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other records on file

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herein, the Magistrate Judge’s Report and Recommendation, Petitioner’s Objections to the Report

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and Recommendation, and Petitioner’s Motion Requesting an Evidentiary Hearing filed on April

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28, 2017. The Court has engaged in a de novo review of those portions of the Report and

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Recommendation to which objections have been made. The Court accepts the recommendations

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of the Magistrate Judge.

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ACCORDINGLY, IT IS ORDERED:

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1.

The Report and Recommendation is accepted.

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2.

Respondent’s Motion to Dismiss is granted.

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3.

Petitioner’s Motion Requesting an Evidentiary Hearing is denied.

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Judgment shall be entered consistent with this Order.

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5.

The clerk shall serve this Order and the Judgment on all counsel or parties of record.

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DATED: September 19, 2017

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DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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