Darryl Alvin Flint-Spivey v. Gary Swarthout et al

Filing 16

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 15 by Judge Dean D. Pregerson. IT IS ORDERED that Judgment be entered denying and dismissing the Petition 1 without prejudice. (afe)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DARRYL ALVIN FLINT-SPIVEY, 12 Petitioner, 13 v. 14 GARY SWARTHOUT, Warden, 15 Respondent. 16 NO. CV 13-1942-DDP (AS) ) ) ) ) ) ) ) ) ) ) ) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 Pursuant to 28 U.S.C. section 636, the Court has reviewed the 18 Petition, all of the records herein and the attached Report and 19 Recommendation of United States Magistrate Judge. The Court 20 accepts and adopts the Magistrate Judge’s Report and 21 Recommendation. 22 23 IT IS ORDERED that Judgment be entered denying and dismissing 24 the Petition without prejudice. 25 /// 26 /// 27 /// 28 1 IT IS FURTHER ORDERED that the Clerk serve copies of this 2 Order, the Magistrate Judge’s Report and Recommendation and the 3 Judgment herein on Petitioner and counsel for Respondent. 4 5 LET JUDGMENT BE ENTERED ACCORDINGLY. 6 7 DATED: July 17, 2014. 8 9 10 11 _________________________________ DEAN D. PREGERSON UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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