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Smith v. Adams

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 2, 2009

CLIFFORD D. SMITH, PETITIONER,
v.
DERRAL G. ADAMS, WARDEN, RESPONDENT.

The opinion of the court was delivered by: John A. Houston United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION [DOC. #32] ) AND DISMISSING FIRST AMENDED PETITION [DOC. # 31] AS MOOT

On March 11, 2009, the Honorable Anthony J. Battaglia, United States Magistrate Judge, issued a report and recommendation ("report") [doc. # 32] recommending that this Court dismiss petitioner's first amended petition filed on February 11, 2009 [doc. # 31] because the first amended petition was not complete in itself as required by the Local Rules of this District. See Doc. # 32 (citing CivLR 15.1). On April 1, 2009, petitioner filed a second amended petition which complies with the Local Rules and has now been fully briefed by the parties. See Docs. # 34, 36, 37. Therefore, because the first amended petition has been superseded by the filing of the second amended petition, the first amended petition is moot.

Accordingly, IT IS HEREBY ORDERED that the magistrate judge's report filed March 11, 2009 is ADOPTED and the first amended petition filed on February 11, 2009 is DISMISSED as moot.

20091002

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