Opinion
Case No. EDCV 13-1573-CAS (JPR)
07-22-2014
JAQUAI WAKAI BATTEE, Petitioner, v. ERIC ARNOLD, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF U.S.
MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and Report and Recommendation of the U.S. Magistrate Judge. On July 2, 2014, Petitioner filed Objections to the R&R, in which he simply restates his substantive claims without directly addressing the Magistrate Judge's conclusion that the Petition is untimely. (See Objections at 2.) He attached to the Objections various documents, mostly medical records already reviewed by the Magistrate Judge and showing that he has recently suffered from depression but his "thought process" has stayed within normal limits. (See, e.g., Objections, Ex. B at 4, 6.) As to his alleged vision problems, the first page of Exhibit B shows that earlier this year Petitioner "self-identified" himself as being blind or vision impaired, but a doctor concluded upon examining Petitioner that his claimed disability was "not supported."
The Court therefore accepts the findings and recommendations of the Magistrate Judge. IT IS ORDERED that the Petition is denied without leave to amend because it is untimely, Petitioner's request for appointment of counsel is denied, and Judgment be entered dismissing this action with prejudice.
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CHRISTINA A. SNYDER
U.S. DISTRICT JUDGE