Felipe De Jesus B. Soto v. Warden Theresa Cisneros

C.D. California

Felipe De Jesus B. Soto v. Warden Theresa Cisneros

DecidedJanuary 4, 2023

Docket2:21-cv-03949

StatusUnknown

This text of Felipe De Jesus B. Soto v. Warden Theresa Cisneros (Felipe De Jesus B. Soto v. Warden Theresa Cisneros) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Felipe De Jesus B. Soto v. Warden Theresa Cisneros, (C.D. Cal. 2023).

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Case 2:21-cv-03949-CAS-PVC Document 46 Filed 01/04/23 Page 1 of 2 Page ID #:1136

1 O 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 FELIPE DE JESUS B. SOTO, Case No. CV 21-3949 CAS (PVC)

12 Petitioner, ORDER ACCEPTING FINDINGS, 13 v. CONCLUSIONS AND RECOMMENDATIONS OF UNITED 14 KATHLEEN ALLISON, CDCR Secretary,1 STATES MAGISTRATE JUDGE 15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Petition, 18 all of the records and files herein, and the Magistrate Judge’s Report and 19 Recommendation. The time for filing Objections to the Report and Recommendation has 20 passed and no Objections have been received. Accordingly, the Court accepts and adopts 21 the findings, conclusions and recommendations of the Magistrate Judge. 22 IT IS ORDERED that the Second Amended Petition is denied and Judgment shall 23 be entered dismissing this action with prejudice. 24 / / / 25 / / / 26

27 1 Kathleen Allison, Secretary of California Department of Corrections and Rehabilitation (CDCR), is substituted for Danny Samuels, the Respondent named in the Petition. Fed. R. 28 Civ. P. 25(d); see Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894–96 (9th Cir. 1996), as amended (May 8, 1996) (holding that the CDCR director is a proper respondent). Case 2:21-cv-03949-CAS-PVC Document 46 Filed 01/04/23 Page 2of2 Page ID #:1137

1 IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the 2 || Judgment herein on Petitioner at his current address of record and on counsel for 3 || Respondent. 4 LET JUDGMENT BE ENTERED ACCORDINGLY. ° arictia buykt 6 || DATED: January 4, 2023 CHRISTINA A. SNYDER 7 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Case 2:21-cv-03949-CAS-PVC Document 46 Filed 01/04/23 Page 1 of 2 Page ID #:1136

1 O 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 FELIPE DE JESUS B. SOTO, Case No. CV 21-3949 CAS (PVC)

12 Petitioner, ORDER ACCEPTING FINDINGS, 13 v. CONCLUSIONS AND RECOMMENDATIONS OF UNITED 14 KATHLEEN ALLISON, CDCR Secretary,1 STATES MAGISTRATE JUDGE 15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Petition, 18 all of the records and files herein, and the Magistrate Judge’s Report and 19 Recommendation. The time for filing Objections to the Report and Recommendation has 20 passed and no Objections have been received. Accordingly, the Court accepts and adopts 21 the findings, conclusions and recommendations of the Magistrate Judge. 22 IT IS ORDERED that the Second Amended Petition is denied and Judgment shall 23 be entered dismissing this action with prejudice. 24 / / / 25 / / / 26

27 1 Kathleen Allison, Secretary of California Department of Corrections and Rehabilitation (CDCR), is substituted for Danny Samuels, the Respondent named in the Petition. Fed. R. 28 Civ. P. 25(d); see Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894–96 (9th Cir. 1996), as amended (May 8, 1996) (holding that the CDCR director is a proper respondent). Case 2:21-cv-03949-CAS-PVC Document 46 Filed 01/04/23 Page 2of2 Page ID #:1137

1 IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the 2 || Judgment herein on Petitioner at his current address of record and on counsel for 3 || Respondent. 4 LET JUDGMENT BE ENTERED ACCORDINGLY. ° arictia buykt 6 || DATED: January 4, 2023 CHRISTINA A. SNYDER 7 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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