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Ricardo Arias v. M. Mcdonald

April 29, 2013

RICARDO ARIAS, PETITIONER,
v.
M. MCDONALD, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Josephine Staton Tucker 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 First Amended Petition, all the records and files herein, and the Amended Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Amended Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts the findings, conclusions and recommendations of the Magistrate Judge, with the following exception: the sentence beginning on page four, line 27, is corrected to reflect the actual date the California Supreme Court denied Petitioner's second state habeas petition and should read: "On September 21, 2011, the California Supreme Court denied Petitioner's state habeas petition without comment or citation to authority." In addition, on page 20, line 24, the word "enhance" is changed to "enhancement."

IT IS ORDERED that the First Amended Petition is denied and

Judgment shall be entered dismissing this action with prejudice.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on Petitioner and counsel for Respondent.

LET JUDGMENT BE ENTERED ACCORDINGLY.

20130429

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