Opinion
Case No. CV 15-5356 GHK(JC)
08-03-2016
MICHAEL ANTHONY HARTMAN, Petitioner, v. M.E. SPEARMAN, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE 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 ("Petition") and accompanying documents, the submissions in connection with the Motion to Dismiss the Petition ("Motion to Dismiss"), 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 is granted to the extent it seeks dismissal without prejudice and the Petition is dismissed without prejudice for lack of subject matter jurisdiction.
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.
DATED: 8/3/16
/s/_________
HONORABLE GEORGE H. KING
UNITED STATES DISTRICT JUDGE