UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
September 16, 2010
NATHAN CLARK, PETITIONER,
LARRY SMALL (WARDEN), RESPONDENT.
The opinion of the court was delivered by: Otis D Wright, II United States District Judge
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636(b)(1)(C), the court has reviewed the entire record in this action, as well as the Report and Recommendation of the United States Magistrate Judge and all objections thereto. The court has made a de novo determination with respect to those portions of the Report and Recommendation to which objection has been made.
IT IS ORDERED: (1) that the Report and Recommendation of the United States Magistrate Judge be accepted; (2) that Respondent's motion to dismiss (docket no. 7, filed January 27, 2010) be granted; and (3) that judgment be entered dismissing the petition for lack of "in custody" jurisdiction.
IT IS FURTHER ORDERED that this order and the judgment herein be served on the parties.
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