Chavez v. Warden

Full title: JAMES D. CHAVEZ, Petitioner, v. WARDEN, Respondent.

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

Date published: Dec 14, 2011

CV 11-6294 SJO (FFM) (C.D. Cal. Dec. 14, 2011)

Opinion

JAMES D. CHAVEZ, Petitioner, v. WARDEN, Respondent. No. CV 11-6294 SJO (FFM) United States District Court, C.D. California. December 14, 2011

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

S. JAMES OTERO, District Judge.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this action, the attached Report and Recommendation of United States Magistrate Judge ("Report"), and the objections thereto. Good cause appearing, the Court concurs with and accepts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

IT THEREFORE IS ORDERED that: (1) respondent's Motion to Dismiss is GRANTED; and (2) Judgment be entered dismissing the petition with prejudice as time-barred.