Dyke Edward Nelson v. California Department of Corrections and Rehabilitation, No. 2:2020cv05879 - Document 30 (C.D. Cal. 2021)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 23 by Judge James V. Selna. IT IS ORDERED that: the Motion is GRANTED; the Petition is DISMISSED WITHOUT PREJUDICE; and Judgment shall be entered dismissing this action without prejudice. (es)

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Dyke Edward Nelson v. California Department of Corrections and Rehabilitation Doc. 30 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DYKE EDWARD NELSON, 12 13 14 Case No. 2:20-cv-05879-JVS (GJS) Petitioner v. 15 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 16 Respondent. ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all 20 documents filed and lodged in this action, Respondent’s motion to dismiss the 21 Petition [Dkt. 14, “Motion”] and all related briefing [Dkts. 19, 21], the Report and 22 Recommendation of United States Magistrate Judge [Dkt. 23, “Report”], and 23 Petitioner’s Objections to the Report [Dkt. 29]. Pursuant to 28 U.S.C. § 24 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the Court has conducted a de novo review of 25 those portions of the Report to which objections have been stated. 26 27 Having completed its review, the Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: the 28 Dockets.Justia.com 1 Motion is GRANTED; the Petition is DISMISSED WITHOUT PREJUDICE; and 2 Judgment shall be entered dismissing this action without prejudice. 3 4 5 6 7 DATE: February 22, 2021 __________________________________ JAMES V. SELNA UNITED STATES DISTRICT JUDGE 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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