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Robinson v. McEwen

United States District Court, C.D. California

March 6, 2014

BRANDALE ROBINSON, Petitioner,
v.
L.C. McEWEN, Warden, Respondent.

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

JAMES V. SELNA, District Judge.

Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the First Amended Petition, all the records and files herein, the Report and Recommendation of the United States Magistrate Judge, and Petitioner's Objections. After having made a de novo determination of the portions of the Report and Recommendation to which Objections were directed, the Court concurs with and accepts the findings and conclusions of the Magistrate Judge.

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 counsel for Petitioner and Respondent.

In his objections, Petitioner makes two requests for further relief. (Docket No. 46.) First, he requests an evidentiary hearing. The Court finds that the present record is sufficient, and that there is no basis for an evidentiary hearing. United States v. Mejia-Mesa , 153 F.3d 925, 929 (9th Cir. 1989). Second, he seeks leave to file a First Supplemental Petition. The Court finds that the request is untimely and the stated grounds futile. Foman v. Davis , 371 U.S. 178, 182 (1962); Moore v. Kayport Package Express, Inc. , 885 F.2d 531, 538 (9th Cir. 1989); Fed.R.Civ.P. 15(d).


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