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