Hanoi Barbaro Acosta v. J. Doerer et al

Filing 26

ORDER ACCEPTING FINDINGS REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE by Judge Sherilyn Peace Garnett for Report and Recommendation (Issued) 25 . The Court accepts the findings, conclusions, and recommendations of the Magistrate Judge and ORDE RS that: The Report and Recommendation is accepted and approved; Respondents' motion to dismiss as to ground two of the petition is GRANTED; Respondents' motion to dismiss as to ground one of the petition is DENIED; and Respondents must file an answer to the petition with respect to ground one for relief only no later than 45 days after entry of this Order. (et)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

HANOI BARBARO ACOSTA,

12

Petitioner,
v.

13
14
15

J. DOERER; U.S. ATTORNEY
GENERAL; and FEDERAL
BUREAU OF PRISONS,

16

Case No. 5:24-cv-01630-SPG-SSC
ORDER ACCEPTING FINDINGS
AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE [ECF NO. 25]

Respondents.

17
18
19

Under 28 U.S.C. § 636, the Court has reviewed the Petition, the other records

20

on file herein, and the Report and Recommendation of the United States Magistrate

21

Judge.

22

objections to the Report and Recommendation has passed and no objection has been

23

received.

24
25

(ECF No. 25 (“Report and Recommendation”)).

The time for filing

The Court accepts the findings, conclusions, and recommendations of the
Magistrate Judge and ORDERS that:

26

1. The Report and Recommendation is accepted and approved;

27

2. Respondents’ motion to dismiss as to ground two of the petition is

28

GRANTED;

1
2
3
4

3. Respondents’ motion to dismiss as to ground one of the petition is
DENIED; and
4. Respondents must file an answer to the petition with respect to ground one
for relief only no later than 45 days after entry of this Order.

5
6

DATED: March 6, 2025

7
8
9

___________________________________
___________________________________
HON. SHERILYN PEACE GARNETT
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2