Matthews v. Curry

Full title: DONALD MATTHEWS, Petitioner, v. BEN CURRY, Respondent.

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

Date published: Nov 26, 2011

SACV 05-780-PA (MAN) (C.D. Cal. Nov. 26, 2011)

Opinion

DONALD MATTHEWS, Petitioner, v. BEN CURRY, Respondent. No. SACV 05-780-PA (MAN) United States District Court, C.D. California. November 26, 2011

          ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          PERCY ANDERSON, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus ("Petition"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and petitioner's objections to the Report. The Court has conducted a de novo review of those portions of the Report to which objections have been stated in writing. The Court accepts the findings and recommendations set forth in the Report.

         IT IS ORDERED that: (1) Respondent's motion to dismiss the Petition is granted on the ground that the Petition is untimely; and (2) Judgment shall be entered dismissing this action with prejudice.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on the parties.

         LET JUDGMENT BE ENTERED ACCORDINGLY.