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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 MICHAEL SEVILLA, Petitioner, v. AMY MILLER, Warden, ORDER (1) ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND (2) DISMISSING PETITION WITHOUT PREJUDICE Respondent. 14 15 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. 22 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. 26 IT IS SO ORDERED. 27 DATED: March 24, 2017 28 HON. DANA M. SABRAW United States District Judge -1- 15cv1280

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