Opinion
Case No. CV 16-3448-SVW (SP)
06-14-2017
DAVID M. SMITH, Petitioner, v. RONALD RACKLEY, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Petitioner has not filed any written Objections to the Report within the time permitted. The Court accepts the findings and recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED that respondent's Motion to Dismiss is granted, and Judgment will be entered denying the Petition and dismissing this action without prejudice. DATED: June 14, 2017
/s/_________
HONORABLE STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE