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Michael Donald Perkins v. Richard S. Kemalyan

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 31, 2011

MICHAEL DONALD PERKINS, PLAINTIFF,
v.
RICHARD S. KEMALYAN, ET AL., DEFENDANTS.

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

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the entire record and the Magistrate Judge's Report and Recommendation. Plaintiff filed no objections to the Report and Recommendation.

Accordingly, IT IS ORDERED THAT:

(1) The Report and Recommendation is approved and adopted.

(2) Judgment shall be entered dismissing this action without prejudice to Plaintiff reasserting the claims set forth in the First Cause of Action of the Third Amended Complaint in a subsequent action in the event that Plaintiff's conviction is later invalidated. All other claims are dismissed with prejudice.

IT IS FURTHER ORDERED THAT the Clerk serve copies of this Order and the Judgment on the parties.

20110331

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