Opinion
5:22-cv-00323-CAS (GJS)
07-13-2022
GARY BERNARD PARKER, Petitioner v. CRAIG KOENIG, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the 28 U.S.C. § 2254 petition in this case and all relevant pleadings and other documents filed and lodged in this action, Respondent's Motion to Dismiss Petition (Dkt. 8, “Motion”) and the related briefing (Dkts. 11-12), the Report and Recommendation of United States Magistrate Judge (Dkt. 14, “Report”), and Petitioner's Objection to the Report (Dkt. 15). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed.R.Civ.P. 72(b), the Court has conducted a de novo review of the matters to which objections have been stated.
Petitioner's assertions and arguments have been reviewed carefully. The Court, however, concludes that nothing set forth in the Objection or otherwise in the record for this case affects or alters, or calls into question, the findings and analysis set forth in the Report or warrants staying this action. Having completed its review, the Court accepts the findings and recommendations set forth in the Report.
Accordingly, IT IS ORDERED that: (1) Petitioner's request to stay the Court's decision is DENIED; (2) the Motion is GRANTED; (3) the Petition is dismissed without prejudice on the ground that it is an unauthorized second or successive petition within the meaning of 28 U.S.C. § 2244(b); and (4) Judgment shall be entered dismissing this action without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.