D'Amario v. T.A. Banks

Full title: ARTHUR D'AMARIO, III, Petitioner, v. T. A. BANKS (Warden), Respondent.

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

Date published: Nov 21, 2011

CV 10-2860-MMM(CW) (C.D. Cal. Nov. 21, 2011)

Opinion

ARTHUR D'AMARIO, III, Petitioner, v. T. A. BANKS (Warden), Respondent. No. CV 10-2860-MMM(CW) United States District Court, C.D. California. November 21, 2011

          ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          MARGARET M. MORROW, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. The court has engaged in a de novo review of those portions of the Report and Recommendation to which objection has been made. The court accepts the findings and recommendation of the Magistrate Judge.

         IT IS THEREFORE ORDERED: (1) that Respondent's motion to dismiss (docket no. 11, filed August 30, 2010) be granted; and (2) that judgment be entered dismissing the petition for lack of jurisdiction.