Raymond Dean Myers v. People of the State of California, The

Filing 50

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Jesus G. Bernal for Report and Recommendation (Issued) 41 . IT IS ORDERED that: the Petition is DENIED; the Motion is DENIED; and Judgment shall be entered dismissing this action with prejudice. (rh)

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O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA RAYMOND DEAN MYERS, ) ) Petitioner, ) v. ) ) ) MICHAEL MARTEL, ) Respondent. ) _________________________________ ) NO. ED CV 16-2258-JGB (KS) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas 19 Corpus (“Petition”), all of the records herein, the Report and Recommendation of United 20 States Magistrate Judge (“Report”), and Petitioner’s Objections to the Magistrate Judge’s 21 Report and Recommendation (“Objections”). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. 22 R. Civ. P. 72(b), the Court has conducted a de novo review of those portions of the Report to 23 which objections have been stated. Having completed its review, the Court accepts the 24 findings and recommendations set forth in the Report. 25 26 The Court concludes that the arguments presented in the Objections do not affect or 27 alter the analysis and conclusions set forth in the Report. However, in adopting the Report, 28 the Court amends the case caption to correctly identify the Respondent as “Michael Martel,” not “W.L. Montgomery.” 1 Having completed its review, the Court accepts the findings and recommendations set 2 forth in the Report as amended and denies the Motion. Therefore, IT IS ORDERED that: (1) 3 the Petition is DENIED; (2) the Motion is DENIED; and (3) Judgment shall be entered 4 dismissing this action with prejudice. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: October 3, 2017 _____________________________________ JESUS G. BERNAL UNITED STATES DISTRICT JUDGE

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