Gray v. McDonald

Full title: ISOM GRAY, Petitioner, v. McDONALD, Warden, Respondent.

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

Date published: Dec 16, 2013

CV 12-4853 SVW(JC) (C.D. Cal. Dec. 16, 2013)

Opinion

ISOM GRAY, Petitioner, v. McDONALD, Warden, Respondent. No. CV 12-4853 SVW(JC) United States District Court, C.D. California. December 16, 2013

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

          STEPHEN V. WILSON, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition"), the Motion to Dismiss the Petition and all documents submitted in support of, and in opposition thereto, and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), and petitioner's objections to the Report and Recommendation ("Objections"). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court concurs with and accepts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections.

         IT IS HEREBY ORDERED that the Motion to Dismiss the Petition is granted and that Judgment be entered dismissing the Petition with prejudice as time-barred.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Report and Recommendation, and the Judgment herein on petitioner and counsel for respondent.

         LET JUDGMENT BE ENTERED ACCORDINGLY.