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Hernandez v. Dexter

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


April 9, 2010

SILVIO HERNANDEZ, PETITIONER,
v.
DEBRA DEXTER, RESPONDENT.

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

ORDER (1) ACCEPTING AND ADOPTING THE AMENDED 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"), Respondent's Motion to Dismiss, Petitioner's Opposition, Respondent's Supplemental Brief, Petitioner's Reply to Respondent's Supplemental Brief, Petitioner's Objections to the Report and Recommendation, all of the records herein and the Amended Report and Recommendation of the United States Magistrate Judge ("Amended Report").

IT IS ORDERED that: (1) the Court accepts and adopts the Amended Report and Recommendation, (2) Respondent's Motion to Dismiss is granted; (3) the Court declines to issue a Certificate of Appealability ("COA");*fn1 and (4) Judgment be entered dismissing the Petition with prejudice.


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