Joshua James Lindsey v. C. Schumer, No. 5:2017cv00975 - Document 17 (C.D. Cal. 2017)
Court Description: ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Valerie Baker Fairbank. The Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: (1) Respondent's Motion to Dismiss the Petition [Dkt. 9] is GRANTED; (2) the Petition and the habeas petition filed in consolidated Case No. EDCV 17-00975-VBF (GJS) are dismissed as untimely; and (3) Judgment shall be entered dismissing this action, as well as EDCV 17-00975-VBF (GJS), with prejudice. (ec)
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Joshua James Lindsey v. C. Schumer Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JOSHUA JAMES LINDSEY, 12 13 14 Petitioner, v. DAVE DAVEY, WARDEN, 15 Respondent. ) ) ) ) ) ) ) ) ) ) NO. EDCV 17-00956-VBF (GJS) [Consolidated with No. EDCV 17-00975-VBF (GJS)] ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus [Dkt. 18 1, “Petition”], all other documents filed in this action, and the Report and Recommendation of United States 19 Magistrate Judge [Dkt. 14, “Report”]. The time for filing Objections to the Report has passed and no 20 Objections have been filed with the Court. 21 The Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS 22 ORDERED that: (1) Respondent’s Motion to Dismiss the Petition [Dkt. 9] is GRANTED; (2) the Petition 23 and the habeas petition filed in consolidated Case No. EDCV 17-00975-VBF (GJS) are dismissed as 24 untimely; and (3) Judgment shall be entered dismissing this action, as well as EDCV 17-00975-VBF (GJS), 25 with prejudice. 26 27 LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: November 8, 2017 28 VALERIE BAKER FAIRBANK UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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