Opinion
CV 21-10051-JGB(AS)
12-28-2022
JOHN ERNEST DADE, Petitioner, v. WARDEN BIRKHOLZ, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
JESUS G. BERNAL UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. section 636, the Court has reviewed the Second Amended Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. After having made a de novo determination of the portions of the Report and Recommendation to which objections were directed, the Court concurs with and accepts the findings and conclusions of the Magistrate Judge in the Report and Recommendation.
IT IS ORDERED that Respondent's Motion to Dismiss the Petition be granted-in-part and Judgment be entered denying the Petition and dismissing this action without prejudice as to Petitioner's challenges to his prison classifications and/or placements.
IT IS FURTHER ORDERED that this action is consolidated with the case no. 22-5907-JGB (AS) . Petitioner may elect, through counsel of record, to file a First Amended Petition in case no. 22-5907-JGB (AS)(John Ernest Dade v. Bryan Birkholz) no later than thirty (30) days from the date of this Order, to include claims regarding improper denial of early release.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Magistrate Judge's Report and Recommendation and the Judgment herein on counsel for Petitioner and counsel for Respondent.