Opinion
Case No. SA CV 12-1972-VBF (JEM)
03-31-2016
DEAN ROBERT JACOBS, Petitioner, v. DAVID B. LONG, Respondent.
ORDER
Overruling Petitioner's Objections; Adopting the Report & Recommendation; Denying the Habeas Corpus Petition; Dismissing the Action with Prejudice; Directing Entry of Separate Judgment; Terminating the Case (JS-6)
Pursuant to 28 U.S.C. Section 636, the Court has reviewed the first amended habeas corpus petition (Doc 14), the respondent government's answer and answer memorandum (Doc 23), the state-court documents lodged by the respondent in paper form (index at Doc 24), petitioner's reply (Doc 29), the Report and Recommendation ("R&R") of the United States Magistrate Judge (Doc 31), and petitioner's objections to the R&R (Doc 37), and the applicable law. "Federal Rule of Civil Procedure 72(b)(2) gave respondent a right to respond to the objections, but the time to do so has elapsed and respondent has filed neither a response nor a request for an extension of time. Accordingly, the Court proceeds to the merits without waiting further." Ruelas v. Muniz, Case No. SA CV 14-01761, 2016 WL 540769, *1 (C.D. Cal. Feb. 9, 2016) (Valerie Baker Fairbank, J.).
"As required by Fed. R. Civ. P. 72(b)(3), the Court has engaged in de novo review of the portions of the R&R to which petitioner has specifically objected and finds no defect of law, fact, or logic in the Magistrate Judge's R&R." Rael v. Foulk, Case No. LA CV 14-02987, 2015 WL 4111295, *1 (C.D. Cal. July 7, 2015) (Fairbank, J.), appeal filed on other grounds, No. 15-56205 (9th Cir. Aug. 6, 2015).
ORDER
Petitioner's objection [Doc #37] is OVERRULED.
The Report and Recommendation [Doc #31] is ADOPTED.
The first amended petition for writ of habeas corpus [Doc #14] is DENIED.
The action is DISMISSED with prejudice.
The Court will rule on a certificate of appealability by separate order.
Judgment shall be entered in favor of respondent and against petitioner.
As required by Fed. R. Civ. P. 58(a), judgment will be entered as a separate document.
The Clerk of Court shall TERMINATE the case (JS-6). DATED: Thursday, March 31, 2016
/s/_________
Hon. Valerie Baker Fairbank
Senior United States District Judge