Timothy O'Connell v. James A Yates

Filing 29

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Fernando M. Olguin for Notice of Report and Recommendation 27 , Report and Recommendation (Issued) 26 . IT IS ORDERED that Judgment be entered: (1) accepting this Report and Recommendation; and (2) granting Respondents Motion to Dismiss the Petition on timeliness grounds; and (3) directing that Judgment be entered denying the Petition and dismissing this action with prejudice. (am)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 TIMOTHY O’CONNELL, 12 13 14 15 v. JAMES A. YATES, Warden, 16 Respondent. 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) Case No. EDCV 11-00982-FMO (OP) ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Petitioner has not filed any written Objections to the Report and Recommendation. The Court accepts the findings and recommendations of the Magistrate Judge, /// /// /// 1 IT IS ORDERED that Judgment be entered: (1) accepting this Report and 2 Recommendation; and (2) granting Respondent’s Motion to Dismiss the Petition on 3 timeliness grounds; and (3) directing that Judgment be entered denying the Petition 4 and dismissing this action with prejudice. 5 6 7 DATED: March 18, 2013 8 /s/ HONORABLE FERNANDO M. OLGUIN United States District Judge 9 10 11 Prepared by: 12 13 ______________________________ HONORABLE OSWALD PARADA 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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