Alejandro Mendibles v. Josie Gastelo

Filing 18

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 14 by Judge Philip S. Gutierrez. IT IS THEREFORE ORDERED that (1) Respondent's Motion to Dismiss (Dkt. No. 9) is GRANTED; and (2) Judgment shall be entered denying the Petition and dismissing this action with prejudice. (es)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 ALEJANDRO MENDIBLES, 13 14 Petitioner, v. 15 16 JOSIE GASTELO, Warden, Respondent. 17 Case No. CV 17-02305-PSG(JDE) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 18 19 2 0 21 22 23 2 4 25 2 6 27 28 Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the Petition, Respondent's Motion to Dismiss the Petition and Opposition and Reply briefs related thereto, the records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Court accepts the findings and recommendation ofthe Magistrate Judge. IT IS THEREFORE ORDERED that ( Respondent's Motion to Dismiss(Dkt. No. 9)is GRANTED; and 1) 1 2 (2) Judgment shall be entered denying the Petition and dismissing this 3 action with prejudice. 4 5 Dated: i~6//~ 6 PHILIP S. GUTIERREZ United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 21 22 23 2 4 25 2 6 27 28 2

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