Gabriel A Leon v. Hedgepath

Filing 39

ORDER ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE by Judge Manuel L. Real for Report and Recommendation 35 . IT IS ORDERED that: 1. The Court accepts the findings and recommendation of the R AND R. 2. Judgment shall be entered denying the Petition and dismissing this action with prejudice. 3. Any and all other pending motions are denied as moot and terminated. (rla)

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1 FILED - SOUfHERN-Divlsii:JrT--CLERK, U.S. DISTRICT COURT 2 3 OCT I g 2012 4 T ICT OF CALIFORNIA DEPUTY 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 WESTERN DIVISION 9 10 GABRIELA. LEON, Petitioner, 11 12 v. 13 ORDER ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE HEDGEPATH, Warden, 14 Case No. SACV 09-00323 R (AN) Respondent. 15 16 Pursuant to 28 U.S.C. ยง 636, the Court has conducted its de novo review of the 17 record, including the Magistrate Judge's Report and Recommendation ("R&R") [35]. 18 The record establishes Petitioner's Objections to the R&R were originally due 19 to be filed and served by September 16, 2012. (Notice of Filing R&R [34].) On 20 September 27, 2012, Petitioner filed a motion for an extension of time [36] to file 21 Objections to the R&R. On the same date, the Magistrate Judge promptly filed his 22 09/27/12 Order [3 7] that granted the motion and gave Petitioner leave until October 7, 23 2012, to file and serve Objections. On September 28, 2012, the clerk served the 24 09/27/12 Order on Petitioner by mailing it to him at his last known address. However, 25 on October 17, 2012, the United States Postal Service returned the envelope with the 26 09/27/12 Order, which was unopened and reflected that Petitioner was no longer at the 27 address he had provided to the Court. Meanwhile, Petitioner has failed to provide the 28 Court with his current address in the time and manner required by Local Rule 41-6. 1 Under the circumstances, the Court finds Petitioner has waived objections to the 2 Magistrate Judge's factual findings by failing to file Objections to the R&R in the 3 required time and manner. Robbins v. Carey, 481 F.3d 1143, 1146-47 (9th Cir. 2007). 4 IT IS ORDERED that: 5 1. The Court accepts the findings and recommendation of the R&R. 6 2. Judgment shall be entered denying the Petition and dismissing this action 7 with prejudice. 8 3. 9 IT IS FURTHER ORDERED that the clerk of the Court shall serve a copy ofthis 10 Any and all other pending motions are denied as moot and terminated. Order and the Judgment on all counsel or parties of record. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 19, 2012 MANUEL L. REAL UNITED STATES DISTRICT JUDGE

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