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Arthur D'amario, Iii v. T. A. Banks (Warden

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 21, 2011

ARTHUR D'AMARIO, III,
PETITIONER,
v.
T. A. BANKS (WARDEN),
RESPONDENT.

The opinion of the court was delivered by: Margaret M. Morrow United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. The court has engaged in a de novo review of those portions of the Report and Recommendation to which objection has been made. The court accepts the findings and recommendation of the Magistrate Judge.

IT IS THEREFORE ORDERED: (1) that Respondent's motion to dismiss (docket no. 11, filed August 30, 2010) be granted; and (2) that judgment be entered dismissing the petition for lack of jurisdiction.

20111121

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