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Briggs v. Mayberg

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 18, 2009

DAVID J. BRIGGS, PETITIONER,
v.
STEPHEN MAYBERG, DIRECTOR OF DEPARTMENT OF MENTAL HEALTH, RESPONDENT.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has reviewed the instant Petition for Writ of Habeas Corpus and other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation. The Court concurs with and adopts the conclusions of the Magistrate Judge.

IT IS ORDERED that a Judgment be entered granting Respondent's Motion to Dismiss and dismissing the instant Petition for Writ of Habeas Corpus with prejudice as barred by the statute of limitations.

IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of this Order and the Judgment of this date on Petitioner.

20090818

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