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Damon Travis Searcy v. Hill, EDCV 19-01364-MWF (AS). (2020)

Court: District Court, C.D. California Number: infdco20200317812 Visitors: 4
Filed: Mar. 16, 2020
Latest Update: Mar. 16, 2020
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MICHAEL W. FITZGERALD , District Judge . Pursuant to 28 U.S.C. section 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. 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 accepts the findings and conclu
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ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. section 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. 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 accepts the findings and conclusions of the Magistrate1 Judge.

Arguably, under § 2244(d)(2), a State filing supplies the operative date but that does not change the conclusion.

IT IS ORDERED that Judgment be entered denying the Petition with prejudice.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Magistrate Judge's Report and Recommendation and the Judgment herein on counsel for Petitioner and counsel for Respondent.

LET JUDGMENT BE ENTERED ACCORDINGLY.

FootNotes


1. The Court notes that Petitioner's objections to the findings and conclusions set forth in the Report and Recommendation reiterate the arguments raised in the Petition and have been thoroughly addressed in the Report and Recommendation.
Source:  Leagle

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