Samuel Little v. Soto, No. 2:2017cv04655 - Document 21 (C.D. Cal. 2018)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Andre Birotte Jr. re: NOTICE OF MOTION AND MOTION to Dismiss 12 , Report and Recommendation (Issued), 19 . (1) Respondent's Motion to Dismiss is g ranted; (2) Grounds Four and Five of the Petition are dismissed without prejudice; (3) Respondent shall file an Answer to Grounds One through Three of the Petition within thirty (30) days of this Order; and (4) Petitioner may file a Reply to Respondent's Answer within thirty (30) days of the date the Answer is filed. (hr)

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Samuel Little v. Soto Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 SAMUEL LITTLE, Petitioner, 13 14 15 v. SOTO, Warden, Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 17-4655-AB (JEM) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the 18 records on file, and the February 6, 2018 Report and Recommendation of the United States 19 Magistrate Judge. No Objections to the Report and Recommendation have been filed within 20 the time allowed for Objections. The Court accepts the findings and recommendations of 21 the Magistrate Judge. 22 IT IS ORDERED that: (1) Respondent’s Motion to Dismiss is granted; (2) Grounds 23 Four and Five of the Petition are dismissed without prejudice; (3) Respondent shall file an 24 Answer to Grounds One through Three of the Petition within thirty (30) days of this Order; 25 26 27 28 Dockets.Justia.com 1 and (4) Petitioner may file a Reply to Respondent’s Answer within thirty (30) days of the 2 date the Answer is filed. 3 4 5 6 DATED: March 28, 2018 ANDRE BIROTTE JR. UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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