Opinion
CASE NO. CV 14-06563-VBF-RZ
05-05-2015
ANTONIO TOY, Petitioner, v. J. SOTO, WARDEN, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Report and Recommendation ("R&R") of the United States Magistrate Judge. Further, the Court has engaged in de novo review of those portions of the R&R to which Petitioner has objected.
Petitioner's objection [Doc #29] is OVERRULED.
The R&R [Doc #27] is ADOPTED.
The first amended habeas corpus petition [Doc # 12] is DENIED.
This action is DISMISSED with prejudice and TERMINATED.
The Court will rule on a certificate of appealability by separate order.
As required by Fed. R. Civ. P. 58(a), the Court will enter judgment by separate document. See Jayne v. Sherman, 706 F.3d 994, 1009 (9th Cir. 2013). DATED: May 5, 2015
/s/_________
VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE
Accord Buck v. American Quarter Horse Ass'n, Nos. 14-4063 and 14-4113, 2015 WL 968473, - F. App'x -, 1 n.1 (10th Cir. Mar. 6, 2015) ("[W]e note that the district court did not prepare a separate document entering judgment in accordance with Fed. R. Civ. P. 58(a).").
"'To comply with Rule 58, an order must (1) be self-contained and separate from the opinion; (2) note the relief granted; and (3) omit or substantially omit the district court's reasons for disposing of the claims.'" Elkins v. Foulkes, 2014 WL 2615732, *14 n.4 (C.D. Cal. June 12, 2014) (quoting Daley v. U.S. Attorney's Office, 538 F. App'x 142, 143 (3d Cir. 2013) (per curiam) (citation omitted)). "'A combined document denominated an Order and Judgment, containing factual background, legal reasoning, as well as a judgment, generally will not satisfy the rule's prescription.'" Fisher v. Ventura Cty. Sheriffs Narcotics Agency, 2014 WL 2772705, *7 n.9 (C.D. Cal. June 18, 2014) (quoting In re Taumoepeau, 523 F.3d 1213, 1217 (10th Cir. 2008)) (internal quote marks omitted).