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Benavides v. Small

July 9, 2009

MITCHELL BENAVIDES, AKA MARK RODRIGUEZ, AKA ALEX FLORES, AKA OLWAYS AARONSON FLORES, AKA MITCHELL BENAVIDAS, AKA MITCHELL BENIVEDES, PETITIONER,
v.
LARRY SMALL, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Florence-marie Cooper United States District Judge

ORDER ADOPTING FINAL REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition and other papers along with the attached Final Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, as well as petitioner's Objections, and has made a de novo determination.

IT IS ORDERED that (1) the Final Report and Recommendation is approved and adopted; (2) the Final Report and Recommendation is adopted as the findings of fact and conclusions of law herein; and (3) Judgment shall be entered denying the petition for writ of habeas corpus and dismissing the action with prejudice.

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order, the Magistrate Judge's Final Report and Recommendation and Judgment by the United States mail on petitioner.

20090709

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