Wesley Garcia v. R Smith

Filing 17

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Andre Birotte Jr for Report and Recommendation (Issued) 13 . IT IS ORDERED that Judgment be entered denying the Petition with prejudice. (et)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

10
11

WESLEY GARCIA,
Petitioner,

12
v.

13
14

CASE NO. CV 19-09535-AB(AS)

CONCLUSIONS AND

R. SMITH,

RECOMMENDATIONS OF UNITED
Respondent.

15

ORDER ACCEPTING FINDINGS,

STATES MAGISTRATE JUDGE

16
17
18

Pursuant to 28 U.S.C. section 636, the Court has reviewed the

19

Petition, the records in this matter and the attached Report and

20

Recommendation of United States Magistrate Judge.

21

made a de novo determination of the portions of the Report and

22

Recommendation

to

which

objections

were

After having

directed,1

the

Court

23
24
25
26
27
28

1

The Court notes that Petitioner’s objections to the findings
and conclusions set forth in the Report and Recommendation
reiterate the arguments raised in the Petition and have been
thoroughly addressed in the Report and Recommendation.

1

concurs with and accepts the findings and conclusions of the

2

Magistrate Judge.

3
4
5

IT IS ORDERED that Judgment be entered denying the Petition
with prejudice.

6
7

IT IS FURTHER ORDERED that the Clerk serve copies of this

8

Order, the Magistrate Judge’s Report and Recommendation and this

9

Judgment on counsel for Petitioner and counsel for Respondent.

10
11

LET JUDGMENT BE ENTERED ACCORDINGLY.

12
DATED: September 15, 2020
13
14
___________
_________ ____
ANDRÉ BIROTTE JR.
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2