United States District Court, C.D. California
January 20, 2015
AZEEZ MOMOH, Petitioner,
ELVIN VALENZUELA, Warden, Respondent
Azeez Momoh, Petitioner, Pro se, San Luis Obispo, CA.
For Pelican Bay State Prison, Respondent: William H Shin, LEAD ATTORNEY, CAAG - Office of the Attorney General, California Department of Justice, Los Angeles, CA.
VALERIE BAKER FAIRBANK,
Senior United States District Judge.
ORDER Overruling Petitioner's Objections and Adopting the Report and Recommendation;
Denying Petition for Writ of Habeas Corpus;
Dismissing the Action with Prejudice
Pursuant to 28 U.S.C. § 636, the Court has reviewed the petition for a writ of habeas corpus and accompanying memorandum, the respondent's answer and accompanying memorandum, petitioner's reply, the decision of the state court, the other records on file herein, the applicable law, and the well-reasoned Report and Recommendation (" R& R") of the Honorable Carla Woehrle, United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the R& R to which petitioner has specifically objected.
Petitioner's objections [Doc # 55] are OVERRULED.
The Report and Recommendation [Doc # 51] is ADOPTED.
The petition for a writ of habeas corpus [Doc # 1] is DENIED.
The Court will rule on a certificate of appealability by separate document.
As required by Fed.R.Civ.P. 58(a), final judgment will be entered by separate document.
This action is DISMISSED with prejudice.
Final judgment is hereby entered in favor of the respondent and against petitioner Azeez Momoh.