Michael Owens v. J. Soto

Filing 24

Order Accepting Findings and Recommendation of United States Magistrate Judge by Judge Beverly Reid O'Connell for Report and Recommendation (Issued) 21 . (mba)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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MICHAEL OWENS,
Petitioner,

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v.
J. SOTO, Warden
Respondent.

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No. SA CV 15-2015-BRO (DFM)
Order Accepting Findings and
Recommendation of United States
Magistrate Judge

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the petition, the

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other records on file herein, and the Report and Recommendation of the

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United States Magistrate Judge. Further, the Court has engaged in a de novo

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review of those portions of the Report and Recommendation to which

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objections have been made. Additionally, the Court has reviewed the

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Petitioner’s “reply” to Respondent’s motion to dismiss which was submitted to

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the Court simultaneously with Petitioner’s objections to the Report and

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Recommendation. Petitioner contends that the reply was submitted to the

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Court in April 2016 in opposition to Respondent’s motion to dismiss; as the

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Report and Recommendation notes, no such opposition was received by the

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Court. The Court has considered the arguments made in Petitioner’s reply as

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part of its consideration of Petitioner’s objections and reviewed those

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arguments de novo.

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The Court accepts the findings and recommendation of the Magistrate

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Judge. IT IS THEREFORE ORDERED that Judgment be entered denying the

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petition and dismissing this action with prejudice.

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DATED: February 1, 2017

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By:
Honorable Beverly R. O’Connell
United States District Court Judge

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