Castro v. Marshall

Full title: JOHNNY CASTRO, Petitioner, v. JOHN MARSHALL, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jan 14, 2009

CV 08-02102 MMM (SS) (C.D. Cal. Jan. 14, 2009)

Opinion

JOHNNY CASTRO, Petitioner, v. JOHN MARSHALL, Warden, Respondent. No. CV 08-02102 MMM (SS) United States District Court, C.D. California. January 14, 2009

          ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          MARGARET M. MORROW, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records and files herein, and the Magistrate Judge's Report and Recommendation. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge.

         Accordingly, IT IS ORDERED THAT:

         1. The Motion to Dismiss is GRANTED and Judgment shall be entered dismissing this action without prejudice.

         2. The Clerk shall serve copies of this Order and the Judgment herein by United States mail on Petitioner and on counsel for Respondent.