Brian Thomas Matheis v. Patrick Covello

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 BRIAN THOMAS MATHEIS, Case No. 5:19-cv-01221-FLA (PVC) Petitioner, ORDER: (1) ACCEPTING

FINDINGS, CONCLUSIONS AND

v. RECOMMENDATIONS OF

UNITED STATES MAGISTRATE

MARCUS POLLARD, Acting Warden, JUDGE; AND (2) DENYING

PETITIONER’S MOTION FOR

Respondent. RELIEF (Dkt. 42) 16 17 Pursuant to 28 U.S.C. § 636, the court has reviewed Petitioner’s First 18 Amended Petition (“FAP”), all the records and files herein, the Report and 19 Recommendation of the United States Magistrate Judge (the “Report and 20 Recommendation”), Petitioner’s Objections to the Report (the “Objections”), 21 Respondent’s Reply to Petitioner’s Objections, and Petitioner’s Rebuttal to 22 Respondent’s Reply.1 After having made a de novo determination of the portions 23 of the Report and Recommendation to which the Objections were directed, the 24 25 1 Petitioner’s Rebuttal is procedurally improper because neither Fed. R. Civ. P. 72(b) nor the Local Rules authorize a rebuttal brief to an…