Kenneth Lee Stinchcomb v. Brian Birkholtz, No. 2:2022cv05024 - Document 21 (C.D. Cal. 2023)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Sunshine Suzanne Sykes for Report and Recommendation (Issued), 20 , NOTICE OF MOTION AND MOTION to Dismiss Petition for Habeas Corpus Pursuant to 28 U.S.C. 2241 9 . IT IS ORDERED that: the Motion is granted; the Petition is dismissed, without prejudice, for lack of jurisdiction; and Judgment shall be entered dismissing this action without prejudice. (et)

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Kenneth Lee Stinchcomb v. Brian Birkholtz Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 KENNETH LEE STINCHCOMB, 12 Petitioner 13 v. 14 BRIAN BIRKHOLTZ, 15 Case No. 2:22-cv-05024-SSS (GJS) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Respondent. 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition [Dkt. 1], 17 18 Respondent’s motion to dismiss [Dkt. 9, “Motion”], all other documents filed in this 19 action, and the Report and Recommendation of United States Magistrate Judge 20 [Dkt. 20, “Report”]. The time for filing Objections to the Report has passed and no 21 Objections have been received by the Court. Having completed its review, the Court accepts the findings and 22 23 recommendations set forth in the Report.1 Accordingly, IT IS ORDERED that: the 24 25 26 27 28 1 For purposes of accuracy, the Court notes that there is a typographical error in the Report’s citation to the Ninth Circuit’s decision in Tripati v. Henman. [See Dkt. 20 at 8.] Rather than a citation to 843 F.3d 1160 (9th Cir. 1988), the Report should reflect a citation to 843 F.2d 1160 (9th Cir. 1988). Dockets.Justia.com 1 Motion is granted; the Petition is dismissed, without prejudice, for lack of 2 jurisdiction; and Judgment shall be entered dismissing this action without prejudice. 3 4 5 6 DATE: April 12, 2023 __________________________________ SUNSHINE SUZANNE SYKES 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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