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Chanel Perodin v. Walter Miller

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 27, 2012

CHANEL PERODIN, PETITIONER,
v.
WALTER MILLER, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Manuel L. Real United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, the records on file, and the Report and Recommendation ("R&R") of the United States Magistrate Judge. On May 25, 2012, the Court received and filed a document entitled "Objection to Respondent's Motion to Dismiss" ("Objection"). It appears that Petitioner mailed the Objection on May 16, 2012, before the R&R was filed, and that it was intended to be an Opposition to Respondent's Motion to Dismiss. The Court has considered it as such, has reviewed the R&R de novo, and concludes that even if the Objection had been received prior to the issuance of the R&R, it would have had no effect on the recommendation or the Court's ultimate decision. The Court accepts the findings and recommendations of the Magistrate Judge.

IT IS HEREBY ORDERED that Respondent's Motion to Dismiss be granted and that Ground Four be dismissed without prejudice. Respondent shall file an Answer to Grounds One through Three of the Petition within twenty (20) days of the filing of this Order.

20120627

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