Richard Benitez v. McGrew

Filing 8

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Michael W. Fitzgerald: ACCORDINGLY, IT IS ORDERED: 1. The report and recommendation is adopted. 2. Respondent's Motion to Dismiss is granted, without leave to amend. 3. Judgment shall be entered consistent with this order. 4. The clerk shall serve this order and the judgment on all counsel or parties of record. (jm)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 11 RICHARD BENITEZ, 12 Petitioner, 13 14 v. WARDEN McGREW, 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) No. CV 13-1202-MWF (PLA) ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the 18 magistrate judge’s report and recommendation. The Court agrees with the recommendations of 19 the magistrate judge. 20 ACCORDINGLY, IT IS ORDERED: 21 1. The report and recommendation is adopted. 22 2. Respondent’s Motion to Dismiss is granted, without leave to amend. 23 3. Judgment shall be entered consistent with this order. 24 4. The clerk shall serve this order and the judgment on all counsel or parties of record. 25 26 27 28 DATED: August 29, 2013 HONORABLE MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE

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