Opinion
NO. CV 16-0091-PSG (AS)
10-18-2016
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. section 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge to which no objections were filed. Accordingly, the Court accepts the findings and conclusions of the Magistrate Judge in the Report and Recommendation.
Petitioner's "Reply to the Findings and Recommendation (COA)," see Docket Entry No. 31, states that "petitioner will not object to this court's order." Id. --------
IT IS ORDERED that Judgment be entered denying and dismissing the Petition without prejudice.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Magistrate Judge's Report and Recommendation and the Judgment herein on counsel for Petitioner and counsel for Respondent.
LET JUDGMENT BE ENTERED ACCORDINGLY.
DATED: 10/18/16
/s/_________
PHILIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE