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Anthony L. Tarkington v. William Smith Jr.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 8, 2013

ANTHONY L. TARKINGTON,
PLAINTIFF,
v.
WILLIAM SMITH JR., DEPUTY DISTRICT ATTORNEY;
MARY SANCHEZ, DEPUTY ATTORNEY GENERAL, DEFENDANTS.

The opinion of the court was delivered by: John A. Kronstadt United States District Judge

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. section 636, the Court has reviewed the Complaint, all of the records herein and the attached Report and Recommendation (the "R&R") of United States Magistrate Judge. The Court accepts and adopts the R&R, and notes that it is consistent with Cooper v. Ramos, 704 F. 3d 772 (9th Cir. 2012), which was decided after the issuance of the R&R.

IT IS ORDERED that: (1) the R&R is accepted and adopted; (2) Defendant Sanchez' Motion to Dismiss is granted; and (3) Judgment shall be entered dismissing the Complaint without leave to amend as to both Defendant Sanchez and Defendant Smith: (a) with prejudice to the extent the Complaint challenges Defendants' alleged actions or inactions with regard to Plaintiff's post-conviction requests for DNA testing; and (b) without prejudice as to Plaintiff's claims challenging the validity of his conviction.

IT IS FURTHER ORDERED that the Clerk shall forthwith serve a copy of this Order and the Judgment of this date on both the Plaintiff and Counsel for Defendants.

20130508

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