Trinal Stephenson v. Kathleen Allison et al

Filing 7

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Percy Anderson. The Court accepts and adopts the Magistrate Judge's Report and Recommendation. It is Ordered that Judgment be entered denying and dismissing the Petition without prejudice. (Attachments: # 1 Report and Recommendation) (sp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TRINAL STEPHENSON,

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Petitioner,
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v.
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KATHLEEN ALLISON (Director), )
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Respondent.
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______________________________)

NO. CV 17-7489-PA(E)

REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE

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This Report and Recommendation is submitted to the Honorable

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Percy Anderson, United States District Judge, pursuant to 28 U.S.C.

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section 636 and General Order 05-07 of the United States District

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Court for the Central District of California.

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The present Petition, filed October 12, 2017, appears

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substantively identical to the “[First Amended] Petition for Writ of

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Habeas Corpus, etc.”

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No. CV 16-9428-PA(E) (“the prior action”).

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to any relief in connection with his claims, this Court can afford

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such relief in the prior action.

filed April 12, 2017, in Stephenson v. McDowell,
If Petitioner is entitled

Therefore, maintenance of the

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present, duplicative action would serve no legitimate purpose.

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For all of the foregoing reasons, IT IS RECOMMENDED that the

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Court issue an Order:

(1) accepting and adopting this Report and

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Recommendation; and (2) directing that Judgment be entered denying and

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dismissing the Petition without prejudice.

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DATED: October 17, 2017.

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/s/
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE

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NOTICE
Reports and Recommendations are not appealable to the Court of

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Appeals, but may be subject to the right of any party to file

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objections as provided in the Local Rules Governing the Duties of

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Magistrate Judges and review by the District Judge whose initials

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appear in the docket number.

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Federal Rules of Appellate Procedure should be filed until entry of

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the judgment of the District Court.

No notice of appeal pursuant to the

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If the District Judge enters judgment adverse to Petitioner, the

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District Judge will, at the same time, issue or deny a certificate of

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appealability.

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and Recommendation, the parties may file written arguments regarding

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whether a certificate of appealability should issue.

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Within twenty (20) days of the filing of this Report