Jose F.S. Simoy v. Nancy T. McKinney

Filing 51

ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION by Judge Kenly Kiya Kato for Report and Recommendation (Issued) 48 . IT IS ORDERED: The Report and Recommendation is accepted. The Petition is dismissed without prejudice and with leave to amend. Petitioner is instructed to file any amended Petition within 30 days of the Court's Order. (SEE ORDER FOR FURTHER DETAILS). (et)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 12 JOSE F.S. SIMOY, 13 Petitioner, 14 v. 15 NANCY T. MCKINNEY, Warden No. 5:22-cv-02211-KK-BFM ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Respondent. 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the 19 records and files herein, the Magistrate Judge’s Report and Recommendation, 20 and Petitioner’s “Opposition to the U.S. Parole Commission Appeal Notice of 21 Action.” It appears that that Opposition does not object to any portion of the 22 Report and Recommendation’s analysis, and the Court does not treat it as an 23 Objection to the Report and Recommendation. The Court accepts the 24 recommendations of the Magistrate Judge. 25 ACCORDINGLY, IT IS ORDERED: 26  The Report and Recommendation is accepted. 27  The Petition is dismissed without prejudice and with leave to amend. 28  Petitioner is instructed to file any amended Petition within 30 days 1 of the Court’s Order. 3HWLWLRQHULVH[SUHVVO\ZDUQHGWKDWIDLOXUHWR 2 WLPHO\ILOHDQDPHQGHG3HWLWLRQZLOOUHVXOWLQWKLVDFWLRQEHLQJ 3 GLVPLVVHGZLWKRXWSUHMXGLFHIRUIDLOXUHWRSURVHFXWHDQGFRPSO\ZLWK 4 &RXUWRUGHUV6HH)('5&,93 E  5 6 4. The Court Clerk shall serve this Order on all FRXQVHO RU SDUWLHV of record. 7 8 9 10 July 8, 2024 DATED: ________________________ __________ ________________ _______________________________________ HONORABLE ONORABL LE KENLY KIYA KATO UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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