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Gomes v. Lizarraga

United States District Court, C.D. California

December 3, 2014

BERNIE GOMES, Petitioner,
v.
JOE A. LIZARRAGA, Warden, Respondent

Bernie Gomes, Petitioner, Pro se, Ione, CA.

For People of the State of California, Respondent: Jennifer Ora Cano, CAAG - Office of the Attorney General, Los Angeles, CA.

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE

JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records and files of this case, and the Report and Recommendation (" R& R") of the U.S. Magistrate Judge. The R& R recommended that the Petition be dismissed because it was untimely by more than four months. On September 22, 2014, Petitioner filed objections to the R& R, in which he mostly repeats arguments in the Petition and Reply or cites cases for general principles of law without applying that law to the facts of his case. The Court has considered and rejected those objections.[1]

Accordingly, having made a de novo determination of those portions of the Report and Recommendation to which objections have been filed, the Court concurs with and accepts the Magistrate Judge's recommendation that the Petition be denied as untimely. IT THEREFORE IS ORDERED that Respondent's motion to dismiss is GRANTED and Judgment be entered denying the Petition and dismissing this action with prejudice.

JUDGMENT

Pursuant to the Order Accepting Findings and Recommendations of U.S. Magistrate Judge, IT IS HEREBY ADJUDGED that the Petition is denied and this action is dismissed with prejudice.


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