Ramirez v. Cates

Full title: MARTIN BONILLA RAMIREZ, Petitioner, v. MATTHEW CATES, Respondent.

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

Date published: Jun 14, 2013

SACV 12-844 MMM(JC) (C.D. Cal. Jun. 14, 2013)

Opinion

MARTIN BONILLA RAMIREZ, Petitioner, v. MATTHEW CATES, Respondent. No. SACV 12-844 MMM(JC). United States District Court, C.D. California. June 14, 2013.

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

          MARGARET M. MORROW, 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"), the accompanying memorandum and exhibits, the Motion to Dismiss the Petition and Opposition thereto, 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") and exhibits thereto.¹ 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 accepts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections.

1 The Objection exhibits do not supply any new evidence, but instead consist of the Report and Recommendation, the Petition with accompanying memorandum and exhibits, the Motion to Dismiss the Petition and the Opposition thereto.

         IT IS HEREBY ORDERED that the Motion to Dismiss the Petition is granted and that Judgment be entered dismissing the Petition with prejudice as time-barred.

         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 counsel for respondent.

         LET JUDGMENT BE ENTERED ACCORDINGLY.