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Hugo Martinez v. Greg Lewis (Warden

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 15, 2011

HUGO MARTINEZ,
PETITIONER,
v.
GREG LEWIS (WARDEN),
RESPONDENT.

The opinion of the court was delivered by: Dale S. Fischer 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. No objections to the Report and Recommendation have been received. The Court notes that Pinholster v. Ayers, 590 F.3d 651 (9th Cir. 2009), cited in the Report, has been reversed. Cullen v. Pinholster, __ U.S. __ (2011), 2011 WL 1225705. The analysis in the Report remains correct.

IT IS ORDERED: (1) that the Report and Recommendation of the United States Magistrate Judge be accepted; and (2) that judgment be entered denying the petition and dismissing this action with prejudice.

IT IS FURTHER ORDERED that this order and the judgment be served on the parties.

20110415

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