Opinion
2:22-cv-05024-SSS (GJS)
04-12-2023
KENNETH LEE STINCHCOMB, Petitioner v. BRIAN BIRKHOLTZ, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
SUNSHINE SUZANNE SYKES, UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition [Dkt. 1], Respondent's motion to dismiss [Dkt. 9, “Motion”], all other documents filed in this action, and the Report and Recommendation of United States Magistrate Judge [Dkt. 20, “Report”]. The time for filing Objections to the Report has passed and no Objections have been received by the Court.
Having completed its review, the Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: the Motion is granted; the Petition is dismissed, without prejudice, for lack of jurisdiction; and Judgment shall be entered dismissing this action without prejudice.
For purposes of accuracy, the Court notes that there is a typographical error in the Report's citation to the Ninth Circuit's decision in Tripati v. Henman. [See Dkt. 20 at 8.] Rather than a citation to 843 F.3d 1160 (9th Cir. 1988), the Report should reflect a citation to 843 F.2d 1160 (9th Cir. 1988).