Roberts

Roberts v. DiCarlo

Good Law
296 F. Supp. 2d 1182·2003 WL 23100318·2003 U.S. Dist. LEXIS 24679
United States District Court, Central District of CaliforniaDecember 10, 2003CV 03-6740 GAF (FMO)California2,153 words

Opinion

Opinion

Feess, J.

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the Petition, all of the records herein, the Magistrate Judge’s Report and Recommendation and the objections to the Report and Recommendation. After having made a de novo determination of the portions of the Report and Recommendation to which objections were directed, the Court concurs with and adopts the findings and conclusions of the Magistrate Judge. Accordingly, IT IS ORDERED THAT:

1. Judgment shall be entered dismissing the action without prejudice.

2. The Clerk shall serve copies of this Order and the Judgment herein by United States mail on petitioner and on counsel for respondent.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable Gary A. Feess, United States District Judge, pursuant to the provisions of 28 U.S.C. § 636 and General Order 01-13 of the United States District Court for the Central District of California.

INTRODUCTION

Petitioner, a California state prisoner proceeding pro se, filed a “Petition for Writ of Habeas Corpus by a Person in State…

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