Derrek Holmes v. Ralph Diaz

Good Law
United States District Court, Central District of CaliforniaSeptember 22, 20205:20-cv-00143California2,161 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

) DERREK HOLMES, Case No. EDCV 20-0143-JGB (JEM) Petitioner ORDER ACCEPTING FINDINGS AND Srareanmeerate Suste RALPH DIAZ, Respondent. 17 Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the records on file, and the Report and Recommendation of the United States Magistrate Judge. No Objections to the Report and Recommendation have been filed within the time allowed for Objections. The Court accepts the findings and recommendations of the Magistrate Judge. Based on the foregoing, IT iS HEREBY ORDERED: (1) Respondent’s Motion to Dismiss is GRANTED. (2) Pursuant to Ninth Circuit Rule 22-3(a), the Court hereby REFERS the Petition to the Ninth Circuit for consideration as an application for leave to file a second or successive habeas corpus petition.

“Petitioner is advised that this referral alone does not constitute compliance with Circuit Rule 22-3 and 28…

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