DeSpenza v. Los Angeles County District Attorney's Office
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/10/2014 DENYING 1 Motion for Injunctive Relief and DISMISSING this action without prejudice for the reason set forth in the 4 FINDINGS and RECOMMENDATIONS. To the extent petitioner sought habeas relief, the court DECLINES to issue the certificate of appealability. CASE CLOSED. (Donati, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROSS H. DE SPENZA,
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Petitioner,
v.
ORDER
DISTRICT ATTORNEY, LOS ANGELES
COUNTY STATE OF CALIFORNIA,
Respondents.
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No. 2:14-cv-1212 KJN P
Petitioner, a state prisoner proceeding pro se, has filed a motion styled, Motion for Order
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for Statute Enforcement.” (ECF No. 1.) The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On June 9, 2014, the undersigned filed findings and recommendations herein which were
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served on petitioner and which contained notice to petitioner that any objections to the findings
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and recommendations were to be filed within fourteen days. Subsequently, petitioner consented
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to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c).
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Petitioner has not filed objections to the findings and recommendations. However, on
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June 23, 2014, petitioner filed a second consent to proceed before the undersigned for all
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purposes.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Petitioner’s motion for injunctive relief (ECF No. 1) is denied;
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2. This action is dismissed without prejudice for the reasons set forth in the June 9, 2014
findings and recommendations (ECF No. 4); and
3. To the extent petitioner sought habeas relief pursuant to 28 U.S.C. § 2254, the court
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declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.
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Dated: July 10, 2014
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desp1212.800.hc
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