Javier Esparza v. John Soto

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 ____________________________________ 11 ) JAVIER ESPARZA, ) No. LA CV 14-00577-VBF-JPR 12 ) Petitioner, ) ORDER 13 ) v. ) Adopting the Report & Recommendation: 14 ) JOHN SOTO (Warden of CSP-LAC), ) Denying the Habeas Corpus Petition; 15 ) ) Directing Entry of Separate Judgment and 16 Respondent. ) Terminating the Case (JS-6) ____________________________________ 17 18 The Court has reviewed the petition for a writ of habeas corpus pursuant to 28 U.S.C. 19 section 2254; the respondent warden’s answer memorandum and supporting documents (Doc 20 6); the United States Magistrate Judge’s Report and Recommendation (“R&R”); and the 21 applicable law. Finding no error of law, fact, or logic in the Magistrate Judge’s well- 22 reasoned Report and Recommendation, the Court will accept her factual findings and legal 23 conclusions and implement her recommendation. 24 25 ORDER 26 The Report and Recommendation [Doc #63] is ADOPTED. 27 The 28 U.S.C. section 2254 petition for a writ of habeas corpus [Doc # 1] and its 28 supplement [Doc#49] are DENIED. 1 Final judgment consistent with this order will be entered separately as required by 2 || Fed. R. Civ. P. 58(a). See Jayne v. Sherman, 706 F.3d 994, 1009 (9th Cir. 2013). 3 The Court will rule on a certificate of appealability by separate order. 4 This action is DISMISSED with prejudice. 5 The case SHALL BE TERMINATED and closed (JS-6). 6 IT IS SO ORDERED. 7 ‘ 8 || Dated: November 20, 2020 lhleue Liber, (atedotahe: 9 Hon. Valerie Baker Fairbank 10 Senior United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28