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Spencer v. Clark

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA


July 12, 2010

NATHAN SPENCER, PETITIONER,
v.
KEN CLARK, RESPONDENT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION DENYING PETITIONER'S WRIT OF MANDATE Doc. No. 9

On April 19, 2010, Magistrate Judge Bencivengo entered a Report and Recommendation (Doc. No. 15). The Report and Recommendation, expressly incorporated herein, thoroughly and thoughtfully analyzed Petitioner Nathan Spence's writ of mandate and recommended that it be denied. Since his original writ of mandate, Petitioner has said he received some legal materials, although it is unclear from his motion how much material he recovered. (Doc. No. 11).

No objections having been filed, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge are adopted in their entirety and this Court DENIES Petitioner's writ of mandate without prejudice to any relief he might receive in his federal habeas petition.

20100712

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