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Clark v. Yates

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


March 5, 2010

LAMOND CLARK, PETITIONER,
v.
JAMES YATES, RESPONDENT.

The opinion of the court was delivered by: John F. Walter United States District Judge

ORDER (1) ACCEPTING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS

Pursuant to 28 U.S.C. §636, the Court has made a de novo review of the Petition for Writ of Habeas Corpus ("Petition"), Petitioner's Request for Stay and Abeyance, Respondent's Non-Opposition to Motion to Stay, Petitioner's First Amended Petition, Petitioner's Second Amended Petition, Respondent's Motion to Dismiss, Petitioner's Opposition to Motion to Dismiss Second Amended Petition, Respondent's Answer to the Second Amended Petition, Petitioner's Reply, all of the records herein and the Report and Recommendation of the United States Magistrate Judge ("Report").

IT IS ORDERED that: (1) the Court accepts and adopts the Report and Recommendation, (2) the Court declines to issue a Certificate of Appealability ("COA");*fn1 and (3) Judgment be entered denying and dismissing the Second Amended Petition and entire action with prejudice.


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