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Flinoyd Brown v. Matthew Cate

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 28, 2012

FLINOYD BROWN, PETITIONER,
v.
MATTHEW CATE, RESPONDENT.

The opinion of the court was delivered by: Honorable S. James Otero 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 operative First Amended Petition for Writ of Habeas Corpus (the "Petition"), respondent's Motion to Dismiss the Petition ("Motion"), petitioner's opposition thereto, and all of the records herein, including the Report and Recommendation of United States Magistrate Judge. The Court approves and accepts the United States Magistrate Judge's Report and Recommendation ("Report and Recommendation").

IT IS HEREBY ORDERED that the Motion is granted in part and denied part: (1) Claims 6f and 6g (as enumerated in the Report and Recommendation) are dismissed with prejudice because such claims are time-barred; and (2) the Motion is otherwise denied.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Report and Recommendation on petitioner and on respondent's counsel.

IT IS SO ORDERED.

20121028

© 1992-2012 VersusLaw Inc.



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