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Padilla v. Evans

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 24, 2010

RALPH PADILLA, PETITIONER,
v.
M.S. EVANS, RESPONDENT.

The opinion of the court was delivered by: Honorable Otis D. Wright, II United States District Judge

(PROPOSED) ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), and petitioner's objections to the Report and Recommendation ("Objections"). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court concurs with and adopts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections, except that the Court modifies footnote 12 on page 17 of the Report and Recommendation to insert the word "not" into the fifth line of such footnote, between the words "does" and "unequivocally."

IT IS HEREBY ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice.

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

LET JUDGMENT BE ENTERED ACCORDINGLY.

20100224

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