Jerome Langston v. Scott Kernan et al

Filing 18

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Michael W. Fitzgerald for Report and Recommendation (Issued). IT THEREFORE IS ORDERED that Petitioner's requests for an evidentiary hearing, a discovery hearing, appointment of counsel, and attorney's fees are DENIED; Respondents' motion to dismiss is GRANTED; the Petition is DISMISSED as time barred and, as to ground two, not cognizable on federal habeas review; and Judgment be entered dismissing this action with prejudice. (See Order for details) 16 . 7 (bem)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JEROME LANGSTON,

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Petitioner,

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v.

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SCOTT KERNAN et al.,

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Respondents.

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Case No. CV 16-6044-MWF (JPR)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF U.S.
MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the

16 Petition, records on file, and Report and Recommendation of U.S.
17 Magistrate Judge. On May 1, 2017, Petitioner filed objections to
18 the R. & R., in which he repeats arguments from his opposition to
19 Respondents’ motion to dismiss and discusses the merits of his
20 claims rather than challenge the Magistrate Judge’s conclusion
21 that they are time barred, not cognizable on federal habeas
22 review, or both.
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Having made a de novo determination of those portions of the

24 R. & R. to which Petitioner has filed objections, the Court
25 accepts the findings and recommendations of the Magistrate Judge.
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IT THEREFORE IS ORDERED that Petitioner’s requests for an

27 evidentiary hearing, a discovery hearing, appointment of counsel,
28 and attorney’s fees are DENIED; Respondents’ motion to dismiss is

1 GRANTED; the Petition is DISMISSED as time barred and, as to
2 ground two, not cognizable on federal habeas review; and Judgment
3 be entered dismissing this action with prejudice.
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6 DATED: May 30, 2017
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MICHAEL W. FITZGERALD
U.S. DISTRICT JUDGE

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