Walter Glenn Compton v. Montgomery

Filing 37

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Otis D. Wright, II IT IS THEREFORE ORDERED: Petitioners motion to add the four claims alleged in his Proposed First Amended Petition is DENIED as futile. Petitioner may proceed based on his two earlier-stayed claims. Following entry of this Order, the Magistrate Judge shall issue an order setting a briefing schedule for those claims. 34 (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WALTER G. COMPTON,

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Case No. CV 16-08557-ODW (KES)

Petitioner,
v.

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WARREN MONTGOMERY,

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ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

Warden,

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Defendants.

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

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records and files herein, along with the Report and Recommendation of the United

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States Magistrate Judge.

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Further, the Court has engaged in a de novo review of those portions of the

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Report and Recommendation to which Petitioner Walter G. Compton (“Petitioner”)

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has objected.

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The Court accepts the findings, conclusions, and recommendations of the

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United States Magistrate Judge relating to Petitioner’s July 13, 2017, motion for

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leave to amend his habeas petition. (Dkts. 22, 34.)

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IT IS THEREFORE ORDERED:

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Petitioner’s motion to add the four claims alleged in his Proposed First

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Amended Petition is DENIED as futile. Petitioner may proceed based on his two

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earlier-stayed claims. Following entry of this Order, the Magistrate Judge shall

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issue an order setting a briefing schedule for those claims.

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DATED: April 20, 2018

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____________________________________
HON. OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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