Dewitt Darran Johnson v. W. L. Montgomery

Filing 30

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge John W. Holcomb for Report and Recommendation 24 . 1. Petitioner's request for an evidentiary hearing is denied; and 2. Judgment be entered denying the Petition and dismissing this action with prejudice. (hr)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DEWITT DARRAN JOHNSON, Petitioner, v. W. L. MONTGOMERY, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:20-cv-03058-JWH (JDE) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 1 Pursuant to 28 U.S.C. § 636, the Court has reviewed the records and files 2 herein, including the Petition (Dkt. 1), Petitioner’s Notice of Dismissal of 3 Grounds Three and Five in the Petition (Dkt. 13), Respondent’s Answer to the 4 Petition (Dkt. 19) and supporting records, Petitioner’s Traverse (Dkt. 21), the 5 Report and Recommendation of the United States Magistrate Judge (Dkt. 24), 6 and the objections to the Report and Recommendation filed by Petitioner 7 (Dkt. 27 & 29). The Court notes that in his Objections, received by the Court 8 on February 4, 2021, Petitioner asserted that he then “lack[ed] adequate and 9 meaningful access to the law library.” Dkt. 27 at 1. In response, the assigned 10 magistrate judge issued an order on February 8, 2021, sue sponte providing 11 Petitioner an additional 30 days, to March 12, 2021, of supplement the existing 12 objections if he so desired. See Dkt. 28. Petitioner did not file further 13 supplemental objections by March 12, 2021 or seek additional time within 14 which to do so. 15 Having engaged in a de novo review of those portions of the R&R to 16 which objections have been made, the Court concurs with and accepts the 17 findings and recommendation of the Magistrate Judge. 18 IT IS THEREFORE ORDERED that: 19 1. Petitioner’s request for an evidentiary hearing is denied; and 20 2. Judgment be entered denying the Petition and dismissing this 21 22 action with prejudice. IT IS SO ORDERED. 23 24 Dated: July 15, 2021 _____________________________ JOHN W. HOLCOMB United States District Judge 25 26 27 2

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