Summary
noting that handwritten date next to signature on envelope containing petition was "likely the date that the [p]etition was turned over to prison authorities"
Summary of this case from Tyler v. GasteloOpinion
Case No. CV 13-3521-JVS (DTB)
04-04-2014
MICHAEL KANE, Petitioner, v. FRED FOULK, Acting Warden, Respondent.
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed herein. The Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge.
IT THEREFORE IS ORDERED that Judgment be entered granting the Motion to Dismiss and summarily dismissing this action with prejudice.
___________________
JAMES V. SELNA
UNITED STATES DISTRICT JUDGE