Monigan v. Hedgpeth

Full title: LEWIS C. MONIGAN, Petitioner, v. A. HEDGPETH, Warden, Respondent.

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

Date published: Nov 8, 2011

CV 10-7663-JVS (OP) (C.D. Cal. Nov. 8, 2011)

Opinion

LEWIS C. MONIGAN, Petitioner, v. A. HEDGPETH, Warden, Respondent. No. CV 10-7663-JVS (OP) United States District Court, C.D. California. November 8, 2011

          ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          JAMES V. SELNA, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition, records on file, the Report and Recommendation of the United States Magistrate Judge, and Petitioner's Objections thereto. The Court has engaged in a de novo review of those portions of the Report and Recommendation to which Petitioner has objected. The Court accepts the findings and recommendations of the Magistrate Judge,

         IT IS ORDERED that Judgment be entered:: (1) approving and adopting this Report and Recommendation; (2) granting Respondent's Motion to Dismiss the Petition; and (3) directing that Judgment be entered denying the First Amended Petition and dismissing this action without prejudice for failure to exhaust state judicial remedies.