Opinion
NO. LA CV 13-06579-VBF (GJS)
11-19-2015
ORDER Adopting Report and Recommendation Without Objection;
Denying the 28 U.S.C. § 2254 Habeas Corpus Petition for Lack of Merit;
Directing the Entry of Separate Judgment in Favor of Respondent
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Amended Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. section 2254 ("petition") (CM/ECF Document ("Doc") 28), the respondent's answer and accompanying memorandum (Doc 40), the state-court "lodged documents" submitted in paper form by respondent (listed in the Notice at Doc 41), petitioner's traverse (Doc 48), the United States Magistrate Judge's well-reasoned Report and Recommendation ("R&R") (Doc 50), and the applicable law. The time for filing objections to the R&R has passed, and petitioner has neither filed objections nor sought an extension of time in which to do so.
Having completed its review, the Court orders as follows:
The Report and Recommendation is ADOPTED.
The amended habeas corpus petition [Doc #28] is DENIED.
This action is DISMISSED with prejudice and the case is TERMINATED.
Judgment will be entered in favor of the respondent and against the petitioner accordingly.
As required by Fed. R. Civ. P. 58(a), judgment will be entered as a separate document.
The Court will rule on a certificate of appealability by separate order as well. DATED: November 19, 2015
/s/_________
VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE