Summary
finding that Department of Corrections' delay in providing case transcripts did not create impediment because there was no evidence that petitioner was denied access to the courts, or that any illegal conduct by state prevented him from filing the petition
Summary of this case from McCauley v. HillOpinion
Case No. CV 13-2868-FMO (OP)
12-03-2013
ANTWAINE BUTLER, Petitioner, v. TIM VIRGA, Warden, Respondent.
ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, the Report and Recommendation of the United States Magistrate Judge, and Petitioner's Objections thereto. The Court has engaged in a de novo review of those portions of the Report and Recommendation to which Petitioner has objected. The Court accepts the findings and recommendations of the Magistrate Judge,
IT IS ORDERED that Judgment be entered: (1) accepting this Report and Recommendation; and (2) directing that Judgment be entered denying the Petition and dismissing this action with prejudice.
____________
HONORABLE FERNANDO M. OLGUIN
United States District Judge
Prepared by: ____________
HONORABLE OSWALD PARADA
United States Magistrate Judge