Opinion
CV 23-9332 MWF (PVC)
11-04-2024
HECTOR SANTANA, Petitioner, v. FIDENCIO N. GUZMAN, Acting Warden,[1] Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, Respondent's Motion to Dismiss, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts the findings, conclusions, and recommendations of the Magistrate Judge.
IT IS ORDERED that the Motion to Dismiss is granted, the Petition is denied, and Judgment shall be entered dismissing this action without prejudice to the filing of a renewed § 2254 Petition from a final state criminal judgment.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on counsel for Petitioner and on counsel for Respondent.