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Molina v. Harrington

United States District Court, C.D. California

January 13, 2015

MICHAEL IVAN MOLINA, Petitioner,
v.
KELLY HARRINGTON, Warden, Respondent

For Michael Ivan Molina, Petitioner: George L Schraer, Georger Schraer Law Offices, San Diego, CA.

For Kelly Harrington, Warden, Respondent: Timothy M Weiner, CAAG - Office of the Attorney General, California Department of Justice, Los Angeles, CA.

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

HONORABLE VIRGINIA A. PHILLIPS, UNITED STATES DISTRICT JUDGE.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody and accompanying documents (the " Petition"), all of the records herein, including the Report and Recommendation of United States Magistrate Judge (" Report and Recommendation"), and petitioner's objections to the Report and Recommendation (" Objections"). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court concurs with and accepts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections.

IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Report and Recommendation, and the Judgment herein on counsel for petitioner and respondent.

LET JUDGMENT BE ENTERED ACCORDINGLY.

JUDGMENT

Pursuant to this Court's Order Accepting Findings, Conclusions and Recommendations of United States Magistrate Judge,

IT IS ADJUDGED that the Petition for Writ of Habeas Corpus is denied and this action is dismissed with prejudice.


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