Duke v. Gastelo

Full title: JONATHAN DAVEILO DUKE, Petitioner, v. JOSIE GASTELO, Respondents.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Jul 28, 2020

Case No. 2:19-04712 AB (ADS) (C.D. Cal. Jul. 28, 2020)

Opinion

Case No. 2:19-04712 AB (ADS)

07-28-2020

JONATHAN DAVEILO DUKE, Petitioner, v. JOSIE GASTELO, Respondents.

THE HONORABLE ANDRÉ BIROTTE JR. United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DISMISSING CASE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus [Dkt. No. 1], all the records and files herein, along with the Report and Recommendation dated June 24, 2020 of the assigned United States Magistrate Judge [Dkt. No. 32], and Petitioner's Objections to Report and Recommendation of United States Magistrate Judge [Dkt. No. 33]. The Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made.

Accordingly, IT IS HEREBY ORDERED:

1. The United States Magistrate Judge's Report and Recommendation [Dkt.

No. 32] is accepted;

2. The Petition is dismissed without prejudice; and

3. Judgment is to be entered accordingly.

DATED: July 28, 2020

/s/_________

THE HONORABLE ANDRÉ BIROTTE JR.

United States District Judge