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Ewell v. Hartley

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 12, 2009

MICHAEL EWELL, PETITIONER,
v.
JAMES HARTLEY (WARDEN), RESPONDENT.

The opinion of the court was delivered by: Stephen G. Larson United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636(b)(1)(C), the court has reviewed the entire record in this action, as well as the Report and Recommendation of the United States Magistrate Judge and all objections thereto. The court has made a de novo determination with respect to those portions of the Report and Recommendation to which objection has been made.

IT IS ORDERED: (1) that the Report and Recommendation of the United States Magistrate Judge be accepted; (2) that respondent's motion to dismiss (docket no. 13, filed June 30, 2008) be granted; and (3) that judgment be entered dismissing the petition, without prejudice, as wholly unexhausted.*fn1

IT IS FURTHER ORDERED that this order and the judgment herein be served on the parties.


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