Smith v. Tampkins

Full title: FRANKLIN SMITH, Petitioner, v. CYNTHIA TAMPKINS, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Nov 19, 2019

Case No. LACV 19-762-PSG (LAL) (C.D. Cal. Nov. 19, 2019)

Opinion

Case No. LACV 19-762-PSG (LAL)

11-19-2019

FRANKLIN SMITH, Petitioner, v. CYNTHIA TAMPKINS, Warden, Respondent.

HONORABLE PHILIP S. GUTIERREZ UNITED STATES DISTRICT JUDGE

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, Petitioner's Objections and the remaining record, and has made a de novo determination.

Petitioner is advised that the Court's disposition of his claims is not inconsistent with the order of the previously assigned Magistrate Judge denying Respondent's Motion to Dismiss. Although the previously assigned Magistrate Judge denied Respondent's Motion to Dismiss (see CM/ECF Doc. No. 10), the judge merely addressed procedural issues of exhaustion raised by Respondent and did not consider the merits of Petitioner's claims. The Report and Recommendation issued by the currently assigned Magistrate Judge addresses the merits of Petitioner's claims and recommends the claims be denied, as federal habeas relief is not available to Petitioner.

Petitioner's remaining Objections lack merit for the reasons stated in the Report and Recommendation.

Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and accepted;

2. Judgment be entered denying the Petition and dismissing this action with prejudice; and

3. The Clerk serve copies of this Order on the parties.

DATED: November 19, 2019

/s/_________

HONORABLE PHILIP S. GUTIERREZ

UNITED STATES DISTRICT JUDGE