Derron McLead v. George Galaza

Filing 66

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Gary A. Feess, The court accepts the findings and recommendation of the Magistrate Judge. IT IS THEREFORE ORDERED that judgment be entered dismissing the Petition, with prejudice, as time-barred. Report and Recommendation (Issued) 51 (lmh)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 DERRON MCLEAD, Petitioner, 13 14 15 v. GEORGE GALAZA (Warden), Respondent. 16 ) ) ) ) ) ) ) ) ) ) No. ED CV 02-858-GAF(CW) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, 19 records on file, and the Report and Recommendation of the United 20 States Magistrate Judge. 21 those portions of the Report and Recommendation to which objection has 22 been made.1 The court has engaged in a de novo review of The court accepts the findings and recommendation of the 23 24 25 26 27 28 1 Petitioner has not filed objections, despite having been granted five extensions of time in which to do so. Petitioner’s sixth extension request was denied on September 8, 2011. In objections filed February 4, 2011 (docket no. 52), Respondent correctly pointed out two errors in the Report and Recommendation. The reference at p. 11, lines 8-9, to statements made in “January 2006 and May 2006” should read “January 1996 and May 1996,” and the reference at p. 12, lines 2 and 12, to the AEDPA filing as expiring on, “February 18, 2008” should read “February 18, 1998.” 1 1 Magistrate Judge.2 2 dismissing the Petition, with prejudice, as time-barred. IT IS THEREFORE ORDERED that judgment be entered 3 4 DATED: September 13, 2011 5 GARY A. FEESS United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 28 The Report and Recommendation is accepted subject to the corrections noted above. 2

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