Jones v. Cate

Filing 52

ORDER Adopting 50 Report and Recommendation in its entirety. In sum, the R & R is adopted in its entirety and 38 Motion to Amend is denied without prejudice, and 23 Motion to Dismiss is denied without prejudice. Signed by Judge Jeffrey T. Miller on 7/26/2011. (leh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER JONES

CASE NO. 09cv1896 JM(POR)

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Petitioner,

ORDER ADOPTING REPORT AND
RECOMMENDATION

vs.
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DOMINGO URIBE, JR., Warden,

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Respondent.

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Having carefully considered Magistrate Judge Porter’s Report and Recommendation Denying

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Respondent’s Motion to Dismiss the Petition for Writ of Habeas Corpus without prejudice and

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Denying Petitioner’s Motion to Amend the Petition (“R&R”), the record before the court, the absence

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of any objections to the R & R, and applicable authorities, the court adopts the R & R in its entirety.

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(Ct. Dkt. 23, 38).

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In sum, the R & R is adopted in its entirety and the motion to dismiss is denied without
prejudice and the motion to amend is denied without prejudice.

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IT IS SO ORDERED.
DATED: July 26, 2011

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Hon. Jeffrey T. Miller
United States District Judge

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cc:

All parties

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01cv0872