Misailegalu v. Almager

Full title: LEULLINIOU MISAILEGALU, Petitioner, v. M. ALMAGER, Warden, Respondent.

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

Date published: Apr 19, 2011

CV 08-404 PSG(JC) (C.D. Cal. Apr. 19, 2011)

Opinion

LEULLINIOU MISAILEGALU, Petitioner, v. v. M. ALMAGER, Warden, Respondent. No. CV 08-404 PSG(JC) United States District Court, C.D. California. April 19, 2011

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

          PHILIP S. GUTIERREZ, 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") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), and petitioner's objections to the Report and Recommendation ("Objections"). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made.¹ The Court concurs with and adopts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections.

1 To the extent petitioner raises new arguments for the first time in the Objections, the Court, in an exercise of its discretion, declines to consider to them. See United States v. Howell , 231 F.3d 615, 621 (9th Cir. 2000), cert. denied, 534 U.S. 831 (2001).

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

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Report and Recommendation, and the Judgment herein on petitioner and counsel for respondent.

         LET JUDGMENT BE ENTERED ACCORDINGLY.