Brian Mendez v. California Substance Abuse Treatment Facility and State Prison et al

Filing 27

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Otis D. Wright, II for Report and Recommendation (Issued) 26 . 1. The United States Magistrate Judge's Report and Recommendation [Dkt. No. 26] is accepted; 2. The Petition is dismissed with prejudice; 3. The request for evidentiary hearing is denied; and 4. Judgment is to be entered accordingly. (see document for further details) (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 BRIAN MENDEZ, Case No. 2:18-01868 ODW (ADS) 12 Petitioner, 13 v. 14 STUART SHERMAN, Warden, et al., ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DISMISSING CASE Respondents. 15 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, Respondent’s 18 Answer, Petitioner’s Traverse, and all related filings, along with the Report and 19 Recommendation of the assigned United States Magistrate Judge dated December 2, 20 2020 [Dkt. No. 26]. 21 Finding no objections on file, IT IS HEREBY ORDERED: 22 1. 23 24 The United States Magistrate Judge’s Report and Recommendation [Dkt. No. 26] is accepted; 2. The Petition is dismissed with prejudice; 1 3. The request for evidentiary hearing is denied; and 2 4. Judgment is to be entered accordingly. 3 4 5 DATED: January 6, 2021 ____________________________________ THE HONORABLE OTIS D. WRIGHT, II United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2

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