-MAN Willis R Brown v. Swarthout, No. 2:2011cv01790 - Document 17 (C.D. Cal. 2011)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATED MAGISTRATE JUDGE by Judge Christina A. Snyder for Report and Recommendation (Issued), 14 . IT IS ORDERED that: (1) the Petition is denied; and (2) Judgment shall be entered dismissing this action with prejudice. (mz)

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-MAN Willis R Brown v. Swarthout Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 WILLIS R. BROWN, ) ) Petitioner, ) ) v. ) ) SWARTHOUT, ) ) Respondent. ) ___________________________________) NO. CV 11-1790-CAS (MAN) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATED MAGISTRATE JUDGE 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition 19 for Writ of Habeas Corpus (“Petition”), all of the records herein, the 20 Report and Recommendation of United States Magistrate Judge (“Report”), 21 and petitioner’s Objections to the Report. 22 novo review of those portions of the Report to which objections have 23 been stated in writing. The Court has conducted a de 24 25 Petitioner has appended several documents to his Objections. A 26 district court has discretion, but is not required, to consider evidence 27 presented 28 recommendation. See Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002); for the first time in objections to a report and Dockets.Justia.com 1 United States v. Howell, 231 F.3d 615, 621-22 (9th Cir. 2000). The 2 Court exercises its discretion to consider the documents appended to 3 petitioner’s Objections. 4 documents do not affect the correctness of the Report’s conclusions. 5 The Court accepts the findings and recommendations set forth in the 6 Report. Having done so, the Court concludes that the 7 8 9 IT IS ORDERED that: (1) the Petition is denied; and (2) Judgment shall be entered dismissing this action with prejudice. 10 11 12 IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on the parties. 13 14 LET JUDGMENT BE ENTERED ACCORDINGLY. 15 16 DATED: November 29, 2011 17 18 CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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