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Abraham Soto v. Raul Lopez

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 5, 2011

ABRAHAM SOTO, PETITIONER,
v.
RAUL LOPEZ, RESPONDENT.

The opinion of the court was delivered by: Honorable A. Howard Matz 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 Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition"), the Motion to Dismiss the Petition ("Motion to Dismiss"), petitioner's Opposition to the Motion to Dismiss, petitioner's Objections to the original Report and Recommendation, the Superseding Report and Recommendation of United States Magistrate Judge ("Superseding Report and Recommendation"), petitioner's objections to the Superseding Report and Recommendation ("Objections"), and all of the records herein. The Court has further made a de novo determination of those portions of the Superseding Report and Recommendation to which objection is made. The Court concurs with and adopts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections.

IT IS ORDERED that Judgment be entered granting the Motion to Dismiss and dismissing this action with prejudice.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Superseding Report and Recommendation, and the Judgment herein on petitioner and on counsel for respondent.

LET JUDGMENT BE ENTERED ACCORDINGLY.

20111205

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