Paul J Cox v. Tom L Carey, No. 5:2006cv00003 - Document 42 (C.D. Cal. 2011)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge George H. King for Report and Recommendation (Final), 36 . IT IS ORDERED that: (1) the Petition is dismissed as second or successive, pursuant to 28 U.S.C. § 2244(b)(2); (2) alternatively, the Petition is denied on its merits; and (3) Judgment shall be entered dismissing this action with prejudice. (mz)

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Paul J Cox v. Tom L Carey Doc. 42 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 PAUL J. COX, JR., ) ) Petitioner, ) ) v. ) ) KATHY MENDOZA-POWERS, WARDEN, ) ) Respondent. ) ___________________________________) NO. EDCV 06-00003-GHK (MAN) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition 18 for Writ of Habeas Corpus (“Petition”), all the records herein, the 19 Second Amended Report and Recommendation of United States Magistrate 20 Judge (“Report”), and Petitioner’s Objections to the Report. 21 has conducted a de novo review of those portions of the Report to which 22 Petitioner 23 recommendations set forth in the Report, with the following exception: 24 the page 17, line 2 reference to “September” is corrected to read 25 “February.” has objected. The Court accepts the The Court findings and 26 27 28 IT IS ORDERED that: (1) the Petition is dismissed as second or successive, pursuant to 28 U.S.C. § 2244(b)(2); (2) alternatively, the Dockets.Justia.com 1 Petition is denied on its merits; and (3) Judgment shall be entered 2 dismissing this action with prejudice. 3 4 5 IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on all parties. 6 7 LET JUDGMENT BE ENTERED ACCORDINGLY. 8 9 DATED: 10/6/11 . 10 11 GEORGE H. KING UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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