-JC Darell Lee Butler v. Matthew Martel

Filing 23

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge John F. Walter for Report and Recommendation (Issued) 21 . IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice. (rp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 DARELL LEE BUTLER, ) ) Petitioner, ) ) v. ) ) ) MATTHEW MARTEL, Warden, ) ) ) Respondent. ) ________________________________ 18 Case No. EDCV 08-497 JFW(JC) ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the operative Second 19 Amended Petition for Writ of Habeas Corpus by a Person in State Custody (the 20 “Petition”), all of the records herein, and the attached Report and Recommendation 21 of United States Magistrate Judge. The Court approves and adopts the United 22 States Magistrate Judge’s Report and Recommendation. 23 IT IS ORDERED that Judgment be entered denying the Petition and 24 dismissing this action with prejudice. 25 /// 26 /// 27 /// 28 /// 1 IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the 2 United States Magistrate Judge’s Report and Recommendation, and the Judgment 3 herein on petitioner and counsel for respondent. 4 LET JUDGMENT BE ENTERED ACCORDINGLY. 5 6 7 8 9 DATED: September 19, 2011 ________________________________________ HONORABLE JOHN F. WALTER UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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