Sevilla v. Miller

Filing 23

ORDER (1) Adopting 22 Magistrate Judge's Report and Recommendation and (2) Dismissing Petition without Prejudice. This Court, having reviewed de novo the Magistrate Judge's R&R, adopts the Magistrate Judge's recommendation to dismiss the petition without prejudice. Accordingly, the petition is dismissed without prejudice for the reasons set out in the R&R. The Court finds no basis for a certificate of appealability. Signed by Judge Dana M. Sabraw on 3/24/2017.(aef)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL SEVILLA,
Petitioner,

v.
AMY MILLER, Warden,

ORDER (1) ADOPTING
MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION AND
(2) DISMISSING PETITION
WITHOUT PREJUDICE

Respondent.

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CASE NO. 15cv1280 DMS (JLB)

On June 8, 2015, Petitioner Michael Sevilla (“Petitioner”), a state prisoner

16 proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §
17 2254. On December 28, 2016, Magistrate Judge Jill Burkhardt issued a Report and
18 Recommendation (“R&R”) recommending that the Court dismiss the petition without
19 prejudice for lack of jurisdiction, or in the alternative, that the Court deny the petition
20 on the merits. No party has filed objections to the R&R, and the time for doing so has
21 expired.
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This Court, having reviewed de novo the Magistrate Judge’s R&R, adopts the

23 Magistrate Judge’s recommendation to dismiss the petition without prejudice.
24 Accordingly, the petition is dismissed without prejudice for the reasons set out in the
25 R&R. The Court finds no basis for a certificate of appealability.
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IT IS SO ORDERED.

27 DATED: March 24, 2017
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HON. DANA M. SABRAW
United States District Judge
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15cv1280