Kyle Dion Gispanski v. P D Brazelton, No. 5:2013cv02284 - Document 134 (C.D. Cal. 2017)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Michael W. Fitzgerald. The Court accepts the findings and recommendation of the Magistrate Judge. IT IS ORDERED that Judgment be entered denying the petition and dismissing this action with prejudice. (See Order for further details) Report and Recommendation (Final) 133 (vm)

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Kyle Dion Gispanski v. P D Brazelton Doc. 134 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 KYLE DION GISPANSKI, Petitioner, 13 v. 14 15 Case No. ED CV 13-2284 MWF (MRW) P.D. BRAZELTON, Warden, ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Respondent. 16 17 18 19 Pursuant to 28 U.S.C. § 636, the Court reviewed the petition, the records on 20 file, and the Final Report and Recommendation of the United States Magistrate 21 Judge. Further, the Court engaged in a de novo review of those portions of the 22 Report to which Petitioner objected. 23 The Court further exercises its discretion to consider the post-hearing 24 declaration of Thomas Chapin. (Docket # 130 at 23.) However, the Court 25 concludes that the declaration is immaterial to the resolution of the factual issues in 26 the action. 27 28 Dockets.Justia.com 1 The Court accepts the findings and recommendation of the Magistrate Judge. 2 IT IS ORDERED that Judgment be entered denying the petition and dismissing 3 this action with prejudice. 4 5 6 7 DATE: October 3, 2017 ___________________________________ HON. MICHAEL W. FITZGERALD 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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