Juan Evangelista Castro v. Warden Bryan Birkholz

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JUAN EVANGELISTA CASTRO, Case No. 2:24-cv-04910-AB-KES

Petitioner,

ORDER ACCEPTING REPORT AND

v.

RECOMMENDATION OF U.S.

BRYAN BIRKHOLZ, Warden, MAGISTRATE JUDGE

Respondent.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (Dkt. 1), the

other records on file herein, and the Report and Recommendation of the United

States Magistrate Judge (Dkt. 23). Further, the Court has engaged in a de novo

review of those portions of the Report and Recommendation to which objections

(Dkt. 25, 26) have been made. The Court accepts the report, findings, and

recommendations of the Magistrate Judge.

IT IS THEREFORE ORDERED that Respondent’s motion to dismiss the

Petition with prejudice (Dkt. 14) is GRANTED and Petitioner’s Motion to Expedite

(Dkt. 22) is GRANTED IN PART and DENIED IN PART.

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28 As a federal prisoner proceeding under 28 U.S.C. § 2241, Petitioner is not required to…