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Hill v. Cate

United States District Court, Ninth Circuit, California, S.D. California
Sep 14, 2009
08cv1180 JM(WMc) (S.D. Cal. Sep. 14, 2009)

Opinion


BRIAN T. HILL, Petitioner, v. MATTHEW L. CATE, Secretary, Respondent. No. 08cv1180 JM(WMc). United States District Court, S.D. California. September 14, 2009

          ORDER ADOPTING REPORT AND RECOMMENDATION RE: DISMISSAL OF PETITION AS TIME-BARRED

          JEFFREY T. MILLER, District Judge.

         On June 26, 2009 Magistrate Judge William McCurine, Jr. entered a Report and Recommendation recommending the grant of Respondent's motion to dismiss the Petition as time-barred ("R & R"). The R & R, expressly incorporated herein, thoroughly and thoughtfully analyzed Petitioner's claims and recommended that the petition be dismissed as time-barred. Petitioner has filed objections to the R & R ("Objections"). Respondent did not file a reply to the Objections. Pursuant to Local Rule 7.1(d)(1), this matter is appropriate for decision without oral argument.

         In his Objections, Petitioner sets forth essentially the same arguments raised in the Petition and addressed in the R & R. Instead of responding to these arguments a second time, the court adopts the R & R in its entirety. The Petition is dismissed as time-barred.

         IT IS SO ORDERED.


Summaries of

Hill v. Cate

United States District Court, Ninth Circuit, California, S.D. California
Sep 14, 2009
08cv1180 JM(WMc) (S.D. Cal. Sep. 14, 2009)
Case details for

Hill v. Cate

Case Details

Full title:BRIAN T. HILL, Petitioner, v. MATTHEW L. CATE, Secretary, Respondent.

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

Date published: Sep 14, 2009

Citations

08cv1180 JM(WMc) (S.D. Cal. Sep. 14, 2009)