UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
May 2, 2012
GREG LEWIS, WARDEN,
The opinion of the court was delivered by: Honorable Philip S. Gutierrez United States District Judge
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS 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. Petitioner has not filed any written Objections to the Report. The Court accepts the findings and recommendations of the Magistrate Judge,
IT IS ORDERED that Judgment be entered: (1) accepting this Report and Recommendation; (2) denying Respondent's Motion to Dismiss as moot; and (3) directing that Judgment be entered denying the Petition and dismissing this action without prejudice to Petitioner's filing a new petition after the challenged judgment of conviction becomes final. If and when he returns to federal court, Petitioner should not file an "amended petition" in this action. Rather, he should file a new federal habeas petition..
HONORABLE OSWALD PARADA United States Magistrate Judge
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