Gonzalez v. Jacquez

Full title: FRANCISCO GONZALEZ, Petitioner, v. FRANCISCO JACQUEZ, et al., Respondents.

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

Date published: Oct 27, 2011

CV 09-4118 PA(JC) (C.D. Cal. Oct. 27, 2011)

Opinion

FRANCISCO GONZALEZ, Petitioner, v. FRANCISCO JACQUEZ, et al., Respondents. No. CV 09-4118 PA(JC) United States District Court, C.D. California. October 27, 2011

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

          PERCY ANDERSON, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition"), all of the records herein, and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and accepts the United States Magistrate Judge's Report and Recommendation.

         IT IS HEREBY ORDERED that petitioner's fourth claim, to the extent it challenges petitioner's conditions of confinement, is dismissed without prejudice because it is not cognizable on federal habeas review, that petitioner's remaining claims (including the remaining portion of his fourth claim) are dismissed with prejudice because they are time-barred, and that Judgment be entered accordingly.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the United States Magistrate Judge's Report and Recommendation, and the Judgment herein on petitioner and on counsel for respondents.

         LET JUDGMENT BE ENTERED ACCORDINGLY.