Mitchell v. Cate et al

Filing 12

ORDER (1) ADOPTING REPORT AND RECOMMENDATION and (2) granting 6 Motion to Dismiss. This Court adopts the Magistrate Judge's recommendation in full and grants Respondent's motion to dismiss. The Court finds no basis for a certificate of appealability. Signed by Judge Dana M. Sabraw on 10/4/2013.(All non-registered users served via U.S. Mail Service)(aef)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL MITCHELL,

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Petitioner,
vs.

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CASE NO. 13cv0634 DMS (MDD)

MATTHEW CATE,

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ORDER (1) ADOPTING REPORT AND
RECOMMENDATION AND (2)
GRANTING MOTION TO DISMISS
[Docket Nos. 6, 10]

Respondent.
On March 15, 2013, Petitioner Michael Mitchell, a state prisoner proceeding pro se, filed a

16 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 6, 2013, Magistrate
17 Judge Mitchell D. Dembin issued a Report and Recommendation (“R&R”) recommending that the
18 Court grant Respondent’s motion to dismiss. Petitioner filed objections to the R&R on August 28,
19 2013.
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This Court, having reviewed de novo the Magistrate Judge’s R&R and Petitioner’s objections

21 thereto adopts the Magistrate Judge’s recommendation in full and GRANTS Respondent’s motion
22 to dismiss. The Court finds no basis for a certificate of appealability.
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IT IS SO ORDERED.

24 DATED: October 4, 2013
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HON. DANA M. SABRAW
United States District Judge

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13cv0634