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Michael Rizer v. Mike Mcdonald

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 2, 2012

MICHAEL RIZER, PETITIONER,
v.
MIKE MCDONALD, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. David O. Carter United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court reviewed the petition, the records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. In addition, the Court reviewed the supplemental material Petitioner attached to the objections in his attempt to overcome the procedural bar doctrine. The Court finds Petitioner did not demonstrate (1) good cause for his failure to timely raise his claims in state and (2) prejudice from the alleged constitutional violations. See Cooper v. Neven, 641 F.3d 322, 327 (9th Cir. 2011). The Court accepts the findings and recommendation of the Magistrate Judge.

IT IS ORDERED that Judgment be entered denying the petition and dismissing this action with prejudice.

20120802

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