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GRIFFIN v. LEWIS, EDCV 11-550-PSG (OP). (2012)

Court: District Court, C.D. California Number: infdco20120504e18 Visitors: 2
Filed: May 02, 2012
Latest Update: May 02, 2012
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE PHILIP S. GUTIERREZ, District Judge. Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Petitioner has not filed any written Objections to the Report. The Court accepts the findings and recommendations of the Magistrate Judge, IT IS ORDERED that Judgment be entered: (1) accepting this Report and Re
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

PHILIP S. GUTIERREZ, District Judge.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Petitioner has not filed any written Objections to the Report. The Court accepts the findings and recommendations of the Magistrate Judge,

IT IS ORDERED that Judgment be entered: (1) accepting this Report and Recommendation; (2) denying Respondent's Motion to Dismiss as moot; and (3) directing that Judgment be entered denying the Petition and dismissing this action without prejudice to Petitioner's filing a new petition after the challenged judgment of conviction becomes final. If and when he returns to federal court, Petitioner should not file an "amended petition" in this action. Rather, he should file a new federal habeas petition.

Source:  Leagle

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