Raymond Griffin v. Greg Lewis

Filing 19

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Philip S. Gutierrez for Report and Recommendation (Issued), Notice of Report and Recommendation 18 (am)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 RAYMOND GRIFFIN, 12 13 v. Petitioner, 14 GREG LEWIS, Warden, 15 16 17 Respondent. ) ) ) ) ) ) ) ) ) ) ) ) Case No. EDCV 11-550-PSG (OP) ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on 18 file, and the Report and Recommendation of the United States Magistrate Judge. 19 Petitioner has not filed any written Objections to the Report. The Court accepts the 20 findings and recommendations of the Magistrate Judge, 21 / / / 22 / / / 23 / / / 24 25 26 27 28 1 IT IS ORDERED that Judgment be entered: (1) accepting this Report and 2 Recommendation; (2) denying Respondent’s Motion to Dismiss as moot; and (3) 3 directing that Judgment be entered denying the Petition and dismissing this action 4 without prejudice to Petitioner’s filing a new petition after the challenged judgment 5 of conviction becomes final. If and when he returns to federal court, Petitioner 6 should not file an “amended petition” in this action. Rather, he should file a new 7 federal habeas petition.. 8 9 10 DATED: May 2, 2012 11 HONORABLE PHILIP S. GUTIERREZ United States District Judge 12 13 14 Prepared by: 15 16 ______________________________ HONORABLE OSWALD PARADA 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 2

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