Jaison Armstrong v. H. Alecia

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Valerie Baker Fairbank for Report and Recommendation (Issued) 18 . ORDER The August 19, 2019 Report and Recommendation [Doc No. 18 ] is ADOPTED. The petition for a writ of habeas corpus [Doc No. 1 ] is DENIED. (et)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 11 12 13 14 15 16 _________________________________ ) JAISON ARMSTRONG, ) ) Petitioner, ) ) v. ) ) H. ALECIA (Warden, ) Sierra Conservation Center), ) ) Respondent. ) _________________________________ No. LA CV 19-01902-VBF-AFM ORDER Adopting Report & Recommendation: Denying the Habeas Corpus Petition; Directing Entry of Separate Judgment; Terminating and Closing Case (JS-6) 17 18 The Court has reviewed the pro se prisoner’s petition for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254, CM/ECF Document (“Doc”) 1; the respondent 20 warden’s answer memorandum (Doc 14); the transcripts, opinions, and orders of the 21 California state courts and the other records in this case (Docs 16-1 though 16-16); 22 the Magistrate Judge’s August 18, 2019 Report and Recommendation (“R&R”); and 23 the applicable law. Petitioner did not file any objection to the R&R, nor did he move 24 for an extension of the objection deadline, and the objection deadline elapsed one 25 month ago, see Doc 19. Having found no error of law, fact, or logic in the R&R, the 26 Court will accept the Magistrate Judge's factual findings and legal conclusions and 27 implement his recommendations. 28 ORDER 1 2 The August 19, 2019 Report and Recommendation [Doc # 18] is ADOPTED. 3 The petition for a writ of habeas corpus [Doc # 1] is DENIED. 4 Final judgment consistent with this order will be entered separately as required 5 by Fed. R. Civ. P. 58(a). See Jayne v. Sherman, 706 F.3d 994, 1009 (9th Cir. 2013). 6 The Court will rule on a certificate of appealability by separate order. 7 This action is DISMISSED with prejudice. 8 The case SHALL BE TERMINATED and closed (JS-6). 9 IT IS SO ORDERED. 10 11 Dated: October 9, 2019 ____________________________ 12 Hon. Valerie Baker Fairbank 13 Senior United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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