Jonathan Garcia v. Martin Biter, Warden

Filing 42

ORDER ACCEPTING AMENDED REPORT AND RECOMMENDATIONS by Judge Valerie Baker Fairbank for Amended Report and Recommendation (Issued) 38 (dfi)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 9 10 JONATHAN GARCIA, 11 Petitioner, 12 13 Case No. SACV 15-1759-VBF (LAL) v. ORDER ACCEPTING AMENDED REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE MARTIN BITER, Warden, 14 Respondent. 15 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge’s 18 Amended Report and Recommendation, Petitioner’s Objections and the remaining record, and 19 has made a de novo determination. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); United 20 States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 21 In his Objections, Petitioner simply reargues the merits of the Petition. The Court, 22 therefore, overrules the Objections for the reasons stated in the Amended Report and 23 Recommendation. 24 Accordingly, IT IS ORDERED THAT: 25 1. The Amended Report and Recommendation is approved and accepted; 26 2. Judgment be entered denying the Petition and dismissing this action with 27 28 prejudice; and /// 1 3. The Clerk serve copies of this Order on the parties. 2 3 4 DATED: _June 21, 2017__________ 5 6 7 HONORABLE VALERIE BAKER FAIRBANK UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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