Evans v. McDonald

Full title: JAMES LEE EVANS, Petitioner, v. MIKE MCDONALD, Acting Warden, Respondent.

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

Date published: Mar 23, 2009

EDCV 07-00371 VBF (SS) (C.D. Cal. Mar. 23, 2009)

Opinion

JAMES LEE EVANS, Petitioner, v. MIKE MCDONALD, Acting Warden, Respondent. No. EDCV 07-00371 VBF (SS) United States District Court, C.D. California. March 23, 2009

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

          VALERIE BAKER FAIRBANK, 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 First Amended Petition is DENIED and 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.