Jorge Alfonso Ayala v. M Biter, No. 2:2011cv05385 - Document 45 (C.D. Cal. 2013)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Dale S. Fischer for Report and Recommendation 33 , Supplement Report and Recommendation 43 . IT THEREFORE IS ORDERED that petitioner's request for an evidentiary hearing is denied; petitioner's request for a stay of proceedings is denied; and Judgment be entered denying the Petition and dismissing this action with prejudice. (rla)

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Jorge Alfonso Ayala v. M Biter Doc. 45 1 .l I ___ 0 2 3 I I IHti![UY CERTIFY THAT THIS DOCUMENT WAS SERVED BY f IHST CLASS MAIL POSTAGE PREPAID. (01< PAR liES) AT THf.IR RESPECTIVE MOST RECENT ADDRESS Of RECORD IN THIS ACTION ON THIS DATE. 4 5 6 7 DAlEO 8 ;).._ ·A I . \ : UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 JORGE ALFONSO AYALA, 12 Petitioner, 13 14 vs. Case No. CV 11-5385-DSF (RNB) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE M. BITER, Warden, 15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (as 18 supplemented), all the records and files herein, the original Report and 19 Recommendation of the United States Magistrate Judge, petitioner's objections 20 thereto, the Supplemental Report and Recommendation of the United States 21 Magistrate Judge, and petitioner's objections thereto. Having made a de novo 22 determination of those portions of the original Report and Recommendation and the 23 Supplemental Repmi and Recommendation to which objections have been made, the 24 Co uti concurs with and accepts the findings and recommendations of the Magistrate 25 Judge. 26 II 27 II 28 II I Dockets.Justia.com 1 IT THEREFORE IS ORDERED that petitioner's request for an evidentiary 2 hearing is denied; petitioner's request for a stay of proceedings is denied; and 3 Judgment be entered denying the Petition and dismissing this action with prejudice. 4 5 DATED: . .3!___ . 6 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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