John Lischefski v. A K Scribner
Filing
88
ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Alicemarie H. Stotler for Report and Recommendation (Issued) 83 (hr)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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JOHN LISCHEFSKI,
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Petitioner,
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v.
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A.K. SCRIBNER, Warden,
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Respondent.
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Case No. CV 05-4513 AHS(JC)
ORDER ADOPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the operative Second
19 Amended Petition for Writ of Habeas Corpus by a Person in State Custody (the
20 “Petition”) and all of the records herein, including the attached Report and
21 Recommendation of United States Magistrate Judge (“Report and
22 Recommendation”), and petitioner’s objections to the Report and Recommendation
23 (“Objections”). The Court has further made a de novo determination of those
24 portions of the Report and Recommendation to which objection is made.1 The
25 Court concurs with and adopts the findings, conclusions,
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To the extent the Objections raise new evidence and arguments, this Court, in an
exercise of its discretion, declines to consider them. See United States v. Howell, 231 F.3d 615,
621 (9th Cir. 2000), cert. denied, 534 U.S. 831 (2001).
1 and recommendations of the United States Magistrate Judge and overrules the
2 Objections.
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IT IS ORDERED that Judgment be entered denying the Petition and
4 dismissing this action with prejudice.
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IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the
6 United States Magistrate Judge’s Report and Recommendation, and the Judgment
7 herein on petitioner and counsel for respondent.
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LET JUDGMENT BE ENTERED ACCORDINGLY.
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DATED: September 29, 2011
________________________________________
HONORABLE ALICEMARIE H. STOTLER
SENIOR UNITED STATES DISTRICT JUDGE
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