Opinion
Case No. CV 15-2809-JFW (JPR)
03-10-2016
STEVEN JON SMITH, Petitioner, v. WARDEN, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records and files of this case, and the Report and Recommendation of U.S. Magistrate Judge. On February 22, 2016, Petitioner filed objections to the R&R, in which he simply repeats arguments from his opposition to Respondent's motion to dismiss. The Court has considered and rejected those objections.
Accordingly, having made a de novo determination of those portions of the R&R to which Petitioner objected, the Court accepts the Magistrate Judge's recommendation that the Petition be denied as untimely. IT THEREFORE IS ORDERED that Respondent's motion to dismiss is GRANTED and Judgment be entered denying the Petition and dismissing this action with prejudice. DATED: March 10, 2016
/s/_________
JOHN F. WALTER
U.S. DISTRICT JUDGE