Daniel M Carter v. Edward S Alemedia, Jr

Filing 9

ORDER ACCEPTING AS MODIFIED FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Andrew J. Guilford. IT IS ORDERED that Respondent's Motion to Dismiss is GRANTED. IT IS FURTHER ORDERED that the Petition is denied and Judgment shall be entered dismissing this action without prejudice. (mr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DANIEL M. CARTER,
Petitioner,

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v.

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Case No. EDCV 15-1636 AG (SS)

FINDINGS, CONCLUSIONS AND

KELLY SANTORO, Warden,

RECOMMENDATIONS OF UNITED STATES

Respondent.

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ORDER ACCEPTING AS MODIFIED

MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the

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Petition, Respondent’s Motion to Dismiss the Petition, all of the

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records and files herein, and the Magistrate Judge’s Report and

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Recommendation.

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Recommendation has passed and no Objections have been received.

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Accordingly, the Court accepts and adopts the findings, conclusions

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and

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expressly reflect that Respondent’s Motion to Dismiss is granted.

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The time for filing Objections to the Report and

recommendations

of

the

Magistrate

Judge,

as

modified

to

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IT IS ORDERED that Respondent’s Motion to Dismiss is GRANTED.

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IT IS FURTHER ORDERED that the Petition is denied and Judgment
shall be entered dismissing this action without prejudice.

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The Clerk of the Court is DIRECTED to serve copies of this

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Order and the Judgment herein on Petitioner at his address of

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record and on counsel for Respondent.

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LET JUDGMENT BE ENTERED ACCORDINGLY.

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DATED: May 31, 2016

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ANDREW J. GUILFORD
UNITED STATES DISTRICT JUDGE

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