Felix Silva v. D. Asuncion

Filing 22

[NOTICE OF CLERICAL ERROR ISSUED DATED ON 12/16/2020, SEE DOCKET ENTRY NO. 23 ] - ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 by Judge Valerie Baker Fairbank that the Petition is denied, this action is dismissed with prejudice and Judgment be entered accordingly. (jp). Modified on 12/16/2020 (jp).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FELIX SILVA,

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Petitioner,
v.
D. ASUNCION,

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Case No. 2:17-cv-08637-VBF-JC
ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

Respondent.
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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of
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Habeas Corpus by a Person in State Custody (“Petition”) and all of the records
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herein, including the June 18, 2020 Report and Recommendation of United States
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Magistrate Judge (“Report and Recommendation”), and petitioner’s objections to
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the Report and Recommendation (“Objections”). The Court has further made a de
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novo determination of those portions of the Report and Recommendation to which
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objection is made. The Court concurs with and accepts the findings, conclusions,
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and recommendations of the United States Magistrate Judge and overrules the
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Objections.
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IT IS HEREBY ORDERED that the Petition is denied, this action is

2 dismissed with prejudice and Judgment be entered accordingly.
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IT IS FURTHER ORDERED that the Clerk serve copies of this Order and

4 the Judgment herein on petitioner and on respondent’s counsel.
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IT IS SO ORDERED.

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7 DATED: December 14, 2020

/s/ Valerie Baker Fairbank

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________________________________________

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HONORABLE VALERIE BAKER FAIRBANK
SENIOR UNITED STATES DISTRICT JUDGE

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