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Robinson v. Virga

United States District Court, Ninth Circuit

June 14, 2013

RALPH LEON ROBINSON, Petitioner,
v.
TIM VIRGA, Respondent.

ORDER ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

MARGARET M. MORROW, District Judge.

Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the file, including the Magistrate Judge's Report and Recommendation ("R&R") and Petitioner's Objections [51]. Further, the Court has completed a de novo review of those portions of the R&R to which Petitioner has objected.

IT IS ORDERED that:

1. The Court rejects Petitioner's contention in his Objections that California law has created a clearly established, federally-protected right to attack his prior convictions. See Lackawanna County Dist. Attorney v. Coss, 532 U.S. 394, 403, 121 S.Ct. 1567 (2001); see also Nunes v. Ramirez-Palmer, 485 F.3d 432, 443 (9th Cir. 2007).

2. This remaining Objections are also overruled and the Court accepts the findings and recommendation of the R&R.

3. Judgment shall be entered denying the Third Amended Petition and dismissing this action with prejudice.

4. All pending motions are denied as moot and terminated.

IT IS FURTHER ORDERED that the clerk of the Court shall serve a copy of this Order and the Judgment on all counsel or parties of record.


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