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Walton v. Cash

United States District Court, C.D. California, Western Division

April 17, 2015

JAVELLE WALTON, Petitioner,
v.
BRENDA CASH, WARDEN, Judgment by Separate Respondent.

Adopting the Report and Recommendation; Denying the Habeas Petition for Lack of Merit; Directing Entry of Final Document

ORDER

VALERIE BAKER FAIRBANK, Senior District Judge.

Pursuant to 28 U.S.C. § 636(b)(1) subsection c, the Court has reviewed the entire record in this action, including the 28 U.S.C. § 2254 habeas corpus petition and accompanying memorandum of points and authorities (CM/ECF Document ("Doc") 1), the respondent's answer and accompanying memo and lodged documents (Docs 16-17), the January 30, 2015 Report & Recommendation of the U.S. Magistrate Judge ("R&R") (Doc 27), and the applicable law. Petitioner neither filed objections to the R&R within the time allowed nor sought an extension of time in which to do so.

The R&R [Doc #27] is ADOPTED without objection.

The habeas corpus petition [Doc #1] is DENIED for lack of merit.

This action is DISMISSED with prejudice.

As required by Fed.R.Civ.P. 58(a), the Court will enter judgment by separate document. See Jayne v. Sherman, 706 F.3d 994, 1009 (9th Cir. 2013).[1]

Said judgment will be final, but it will not be appealable until and unless petitioner obtains a certificate of appealability from the U.S. Court of Appeals for the Ninth Circuit.[2]


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