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Lewis C. Monigan v. A. Hedgpeth

November 8, 2011

LEWIS C. MONIGAN,
PETITIONER,
v.
A. HEDGPETH, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Honorable James V. Selna United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition, records on file, the Report and Recommendation of the United States Magistrate Judge, and Petitioner's Objections thereto. The Court has engaged in a de novo review of those portions of the Report and Recommendation to which Petitioner has objected. The Court accepts the findings and recommendations of the Magistrate Judge,

IT IS ORDERED that Judgment be entered: : (1) approving and adopting this Report and Recommendation; (2) granting Respondent's Motion to Dismiss the Petition; and (3) directing that Judgment be entered denying the First Amended Petition and dismissing this action without prejudice for failure to exhaust state judicial remedies.

Prepared by:

HONORABLE OSWALD PARADA United States Magistrate Judge

20111108

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