Clark v. Barnes

Full title: CHARLES CLARK, Petitioner, v. R.E. BARNES, Warden, Respondent.

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

Date published: Feb 12, 2009

CV 08-03848 DOC (SS) (C.D. Cal. Feb. 12, 2009)

Opinion

CHARLES CLARK, Petitioner, v. R.E. BARNES, Warden, Respondent. No. CV 08-03848 DOC (SS) United States District Court, C.D. California. February 12, 2009

          ORDER ADOPTING FINDINGS CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          DAVID O. CARTER, 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. In addition, the Petition is dismissed for Petitioner's failure to prosecute. Judgment shall be entered dismissing this action with 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.