Paul Roberts v. Warden

Filing 24

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Cormac J. Carney for Report and Recommendation (Issued) 21 , NOTICE OF MOTION AND MOTION to Dismiss Case and Supporting Declaration of Coun sel 8 . The Court concurs with and accepts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections. IT IS HEREBY ORDERED that the Request for Judicial Notice and the Motion to Dismiss are granted and the Petition and this action are dismissed. (dml)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PAUL ROBERTS,

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Petitioner,

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v.
WARDEN,

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Case No. EDCV 17-62 CJC(JC)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

Respondent.
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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of
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Habeas Corpus by a Person in State Custody (“Petition”) and accompanying
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documents, petitioner’s Request for Judicial Notice, the submissions in connection
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with the Motion to Dismiss the Petition (“Motion to Dismiss”), and all of the
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records herein, including the November 8, 2017 Report and Recommendation of
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United States Magistrate Judge (“Report and Recommendation”) and petitioner’s
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Objections to the Report and Recommendation (“Objections”). The Court has
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further made a de novo determination of those portions of the Report and
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Recommendation to which objection is made. The Court concurs with and accepts
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the findings, conclusions, and recommendations of the United States Magistrate
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Judge and overrules the Objections.
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IT IS HEREBY ORDERED that the Request for Judicial Notice and the

2 Motion to Dismiss are granted and the Petition and this action are dismissed.
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IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the

4 Report and Recommendation, and the Judgment herein on petitioner and counsel
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LET JUDGMENT BE ENTERED ACCORDINGLY.

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DATED: November 30, 2017

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________________________________________

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HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE

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