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Leroy Willis, Jr v. Warden Singh

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 26, 2013

LEROY WILLIS, JR.,
PETITIONER,
v.
WARDEN SINGH, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER (1) ADOPTING REPORT AND RECOMMENDATION, (2) GRANTING MOTION TO DISMISS AND (3) DENYING MOTION TO STAY

[Docket Nos. 22, 33, 41]

On January 12, 2012, Petitioner Leroy Willis, Jr., a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 29, 2013, Magistrate Judge Peter C. Lewis issued a Report and Recommendation ("R&R") recommending that the Court grant Respondent's motion to dismiss and deny Petitioner's motion to stay. Petitioner filed objections to the R&R on February 13, 2013.

This Court, having reviewed de novo the Magistrate Judge's R&R and Petitioner's objections thereto adopts the Magistrate Judge's recommendation in full, GRANTS Respondent's motion to dismiss and DENIES Petitioner's motion to stay. The Court finds no basis for a certificate of appealability. The Clerk of Court shall enter judgment accordingly, and terminate this case.

IT IS SO ORDERED.

20130226

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