Dwayne Smith v. State of California

Filing 32

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Philip S. Gutierrez: IT IS ORDERED that judgment be entered dismissing the Petition on the merits with prejudice. (jm)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 DWAYNE SMITH, Petitioner, 11 12 13 v. JOHN MARSHALL, Respondent. 14 15 16 ) ) ) ) ) ) ) ) ) ) CASE NO. EDCV 09-886 PSG (FFM) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this 17 action, the attached Report and Recommendation of United States Magistrate Judge 18 (“Report”), and the objections thereto. Good cause appearing, the Court concurs with 19 and accepts the findings of fact, conclusions of law, and recommendations contained in 20 the Report after having made a de novo determination of the portions to which 21 objections were directed. 22 23 IT IS ORDERED that judgment be entered dismissing the Petition on the merits with prejudice. 24 25 DATED: April 25, 2012 26 27 28 PHILIP S. GUTIERREZ United States District Judge

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