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Vincent John Smith v. Board of Parole Hearings

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


January 24, 2011

VINCENT JOHN SMITH, PETITIONER,
v.
BOARD OF PAROLE HEARINGS, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Jacqueline H. Nguyen United States District Judge

AMENDED 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"), Respondent's Answer, Petitioner's Traverse, all of the records herein, and the Report and Recommendation of the United States Magistrate Judge ("Report").

Judgment was entered dismissing the Petition on June 24, 2010 (Docket No. 28).

Due to a systems error, the Court reopened the case on November 30, 2010 (Docket No. 31). Petitioner was re-served with copies of the May 17, 2010 "Notice of Filing Report and Recommendation" (Docket No. 25), "Report and Recommendation of United States Magistrate Judge" (Docket No. 26), and an "Order Vacating Judgment" (Docket No. 31).

On December 17, 2010, the Court issued a Minute Order granting Petitioner twenty days from the date of the Minute Order in which to file Objections to the Report and Recommendation (Docket No. 33).

On January 11, 2011, Petitioner filed Objections to the Report and Recommendation of United States Magistrate Judge (Docket No. 34) which the Court has reviewed de novo.

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 Petition with prejudice.


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