Jose Luis Ayala v. Warren L. Montgomery

Filing 36

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Otis D. Wright, II for Report and Recommendation 32 . 1. The Report and Recommendation is accepted (Dkt. No. 32); 2. The Petition is denied and this action is dismissed with prejudice (Dkt. No. 1); 3. The Certificate of Appealability is denied; and 4. Judgment is to be entered accordingly. (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JOSE LUIS AYALA,

Case No. 2:22-06206 ODW (ADS)

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Petitioner,

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v.

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STEPHEN SMITH, Warden,

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ORDER ACCEPTING UNITED STATES
MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION

Respondent.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of

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Habeas Corpus (Dkt. No. 1), Respondent’s Answer (Dkt. No. 24), Petitioner’s Traverse

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(Dkt. No. 29), the Report and Recommendation of the United States Magistrate Judge

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(Dkt. No. 32), Petitioner’s Amended Objections to the Report and Recommendation

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(Dkt. No. 34), and all the records and files herein. The Court has engaged in a de novo

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review of those portions of the Report and Recommendation to which objections were

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made. The Court overrules the objections and accepts the findings and

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recommendations of the Magistrate Judge.

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Accordingly, IT IS HEREBY ORDERED:

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1. The Report and Recommendation is accepted (Dkt. No. 32);

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2. The Petition is denied and this action is dismissed with prejudice (Dkt. No. 1);

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3. The Certificate of Appealability is denied; and

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4. Judgment is to be entered accordingly.

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DATED: February 5, 2024

____________________________________
THE HONORABLE OTIS D. WRIGHT, II
United States District Judge

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