Lopez v. Quintana

Full title: SIMON DANIEL LOPEZ, Petitioner, v. FRANCISCO J. QUINTANA, Warden…

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

Date published: Apr 29, 2011

CV 10-9905 (C.D. Cal. Apr. 29, 2011)

Opinion

SIMON DANIEL LOPEZ, Petitioner, v. FRANCISCO J. QUINTANA, Warden, Respondent. No. CV 10-9905 United States District Court, C.D. California. April 29, 2011

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

          JAMES V. SELNA, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in Federal Custody (the "Petition") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), petitioner's untimely Reply to Government's Response in Opposition which the Court construes to be petitioner's objections to the Report and Recommendation ("Objections"), and Respondent's Response to Report and Recommendation of United States Magistrate Judge and Petitioner's Reply ("Response"). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court concurs with and adopts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections for the reasons argued in the Response.

         IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice.

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

         LET JUDGMENT BE ENTERED ACCORDINGLY.