Omar Martinez-Rodriguez v. W. Birkholz

Filing 19

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Sherilyn Peace Garnett for MOTION to Dismiss 9 , Report and Recommendation 16 . IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action without prejudice. (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 OMAR MARTINEZ-RODRIGUEZ, Plaintiff, 12 v. 13 14 WARDEN BIRKHOLZ, FCI LOMPOC, Defendants. 15 Case No. 23-CV-8677-SPG (AS) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRTE JUDGE [ECF NO. 16] 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records 18 herein, and the attached Report and Recommendation of United States Magistrate Judge to 19 which no objections were filed. Accordingly, the Court concurs with and accepts the 20 findings and conclusions of the Magistrate Judge. 21 22 IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action without prejudice. 23 IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the 24 // 25 // 26 // 27 // 28 // -1- 1 Magistrate Judge’s Report and Recommendation, and the Judgment herein on counsel for 2 Petitioner and counsel for Respondent. 3 IT IS SO ORDERED. 4 DATED: November 21, 2024 5 HON. SHERILYN PEACE GARNETT UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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