Opinion
Case No. SA CV 14-00748-VBF-SP
05-03-2018
SARITH YIN, Petitioner, v. STU SHERMAN, Warden, Respondent.
ORDER
Adopting Report & Recommendation:
Denying the Habeas Corpus Petition;
Directing the Entry of Separate Judgment; Dismissing the Action With Prejudice; Terminating the Case (JS-6)
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for a Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. §2254, see CM/ECF Document ("Doc") 1; respondent's Answer (Doc 11) and paper exhibits (Doc 12); petitioner Yin's Traverse (Doc 16); the Report and Recommendation ("R&R") of the United States Magistrate Judge (Doc 23); and the applicable law. Despite receiving three extensions of time from the Magistrate Judge totaling three months (Docs 26-32), petitioner did not file objections, either before the January 26, 2018 deadline or after. Finding no error of law, fact, or logic in the R&R, the Court accepts the Magistrate Judge's findings and conclusions and will implement her recommendations.
ORDER
The Report and Recommendation is ADOPTED.
The 28 U.S.C. section 2254 petition for a writ of habeas corpus is DENIED.
Final judgment shall be entered consistent with this Order and with the R&R. As required by Fed. R. Civ. P. 58(a), the judgment will be a separate document.
The Court will rule on a certificate of appealability by separate document.
This action is DISMISSED with prejudice.
The Clerk SHALL TERMINATE this case (JS-6).
IT IS SO ORDERED. Dated: May 3, 2018
/s/_________
HON. VALERIE BAKER FAIRBANK
SENIOR UNITED STATES DISTRICT JUDGE