Summary
hearing the merits of claims filed using an improper procedural vehicle only after affording the non-moving party an additional opportunity to respond
Summary of this case from United States v. Gibson Wine Co.Opinion
Case No. CV 13-1622-ODW (DTB)
02-18-2014
LLOYD GARCIA, Petitioner, v. E. VALENZUELA, Warden, Respondent.
JUDGMENT
Pursuant to the Order Accepting Findings, Conclusions and Recommendations of United States Magistrate Judge,
IT IS HEREBY ADJUDGED that petitioner's ex post facto claim is dismissed without prejudice, and petitioner's remaining claims are dismissed with prejudice.
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OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE