Brian Leigh Tobias v. McDonald

Filing 120

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge John F. Walter Re Report and Recommendation 118 : Having made a de novo determination of those portions of the Report and Recommendation to which objections have been made, the Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge. IT THEREFORE IS ORDERED that Judgment be entered denying the Second Amended Petition and dismissing this action with prejudice. (ad)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 BRIAN LEIGH TOBIAS, 12 13 14 vs. Petitioner, FRANK X. CHAVEZ, Acting Warden, 15 Respondent. 16 17 ) ) ) ) ) ) ) ) ) ) Case No. CV 10-1170-JFW (DTB) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the Second Amended 18 Petition, all the records and files herein, and the Report and Recommendation of the 19 United States Magistrate Judge. Objections to the Report and Recommendation have 20 been filed herein. Having made a de novo determination of those portions of the 21 Report and Recommendation to which objections have been made, the Court concurs 22 with and accepts the findings, conclusions and recommendations of the Magistrate 23 Judge. 24 IT THEREFORE IS ORDERED that Judgment be entered denying the Second 25 Amended Petition and dismissing this action with prejudice. 26 27 DATED: August 14, 2013 JOHN F. WALTER UNITED STATES DISTRICT JUDGE 28 1

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