Gates v. Small

Full title: DAMIEN GATES, Petitioner, v. LARRY SMALL, WARDEN, Respondent.

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

Date published: Dec 22, 2009

CV 08-6646-DOC (OP) (C.D. Cal. Dec. 22, 2009)

Opinion

DAMIEN GATES, Petitioner, v. LARRY SMALL, WARDEN, Respondent. No. CV 08-6646-DOC (OP) United States District Court, C.D. California. December 22, 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 the records and files herein, and the Report and Recommendation of the United States Magistrate Judge, de novo. The Court concurs with and adopts the findings, conclusions, and recommendations of the Magistrate Judge.

         IT IS ORDERED that Judgment be entered: (1) approving and adopting this Report and Recommendation; (2) granting Respondent's Motion to Dismiss; and (3) directing that Judgment be entered dismissing this action with prejudice as untimely.