Cox v. Mendoza-Powers

Full title: PAUL J. COX, JR., Petitioner, v. KATHY MENDOZA-POWERS, WARDEN, Respondent.

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

Date published: Oct 6, 2011

EDCV 06-00003-GHK (MAN) (C.D. Cal. Oct. 6, 2011)

Opinion

PAUL J. COX, JR., Petitioner, v. KATHY MENDOZA-POWERS, WARDEN, Respondent. No. EDCV 06-00003-GHK (MAN) United States District Court, C.D. California. October 6, 2011

          ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE.

          GEORGE H. KING, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus ("Petition"), all the records herein, the Second Amended Report and Recommendation of United States Magistrate Judge ("Report"), and Petitioner's Objections to the Report. The Court has conducted a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the findings and recommendations set forth in the Report, with the following exception: the page 17, line 2 reference to "September" is corrected to read "February."

         IT IS ORDERED that: (1) the Petition is dismissed as second or successive, pursuant to 28 U.S.C. § 2244(b)(2); (2) alternatively, the Petition is denied on its merits; and (3) Judgment shall be entered dismissing this action with prejudice.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on all parties.

         LET JUDGMENT BE ENTERED ACCORDINGLY.