Benda v. Cates

Full title: ELDEN BENDA, Petitioner, v. MATTHEW CATES, Secretary of Corrections…

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

Date published: Apr 8, 2011

CV 09-2872 ODW(JC) (C.D. Cal. Apr. 8, 2011)

Opinion

ELDEN BENDA, Petitioner, v. MATTHEW CATES, Secretary of Corrections, Respondent. No. CV 09-2872 ODW(JC) United States District Court, C.D. California. April 8, 2011

          ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          OTIS D. WRIGHT, II 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"), all of the records herein, and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the United States Magistrate Judge's Report and Recommendation.

         IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice.

         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.