Opinion
Decided: June 2, 2015.
Joey Castillo, Petitioner, Pro se, McFarland, CA.
For E Presley, Respondent: Vincent P LaPietra, LEAD ATTORNEY, CAAG - Office of the Attorney General, California Department of Justice, San Diego, CA.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
PHILIP S. GUTIERREZ, UNITED STATES DISTRICT JUDGE.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the operative First Amended Petition (" FAP"), records on file herein, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Court accepts the findings and recommendations of the Magistrate Judge.
IT THEREFORE IS ORDERED that (1) petitioner's request for an evidentiary hearing is denied; and (2) Judgment be entered denying the FAP and dismissing this action with prejudice.
JUDGMENT
Pursuant to the Order Accepting Findings and Recommendations of United States Magistrate Judge, IT IS HEREBY ADJUDGED that the First Amended Petition is denied and this action is dismissed with prejudice.