Larsen

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

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the First Amended Petition, the Motion to Dismiss, all of the records and files herein, the Magistrate Judge’s Report and Recommendation, Respondent’s Objections and Petitioner’s Response to Respondent’s Objections. After making 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, conclusions and recommendations of the Magistrate Judge.

Accordingly, IT IS ORDERED THAT:

1. The Motion to Dismiss is DENIED. Further proceedings regarding Petitioner’s constitutional claims are required.

2. The Clerk shall serve copies of this Order on all counsel.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable Christina A. Snyder, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United States District Court for the Central District of California.

I.

INTRODUCTION

On July 15, 2008, Daniel Larsen (“Petitioner”), a California state prisoner…