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Mitchell v. Cate

United States District Court, Ninth Circuit

October 4, 2013

MICHAEL MITCHELL, Petitioner,
v.
MATTHEW CATE, Respondent.

ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) GRANTING MOTION TO DISMISS

DANA M. SABRAW, District Judge.

On March 15, 2013, Petitioner Michael Mitchell, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. On August 6, 2013, Magistrate Judge Mitchell D. Dembin issued a Report and Recommendation ("R&R") recommending that the Court grant Respondent's motion to dismiss. Petitioner filed objections to the R&R on August 28, 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 and GRANTS Respondent's motion to dismiss. The Court finds no basis for a certificate of appealability.

IT IS SO ORDERED.


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