Kenneth Lee Stinchcomb v. Brian Birkholtz

• Court: District Court, C.D. California
• Decided: April 12, 2023
• Docket: 2:22-cv-05024
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 KENNETH LEE STINCHCOMB, Case No. 2:22-cv-05024-SSS (GJS)

12 Petitioner ORDER ACCEPTING FINDINGS 13 v. AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE 14 BRIAN BIRKHOLTZ, JUDGE 15 Respondent.

16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition [Dkt. 1], 18 Respondent’s motion to dismiss [Dkt. 9, “Motion”], all other documents filed in this 19 action, and the Report and Recommendation of United States Magistrate Judge 20 [Dkt. 20, “Report”]. The time for filing Objections to the Report has passed and no 21 Objections have been received by the Court. 22 Having completed its review, the Court accepts the findings and 23 recommendations set forth in the Report.1 Accordingly, IT IS ORDERED that: the 24 25 26 1 For purposes of accuracy, the Court notes that there is a typographical error in the 27 Report’s citation to the Ninth Circuit’s decision in Tripati v. Henman. [See Dkt. 20 at 8.] Rather than a citation to 843 F.3d 1160 (9th Cir. 1988), the Report should 28 reflect a citation to 843 F.2d 1160 (9th Cir. 1988). 1 || Motion is granted; the Petition is dismissed, without prejudice, for lack of 2 || jurisdiction; and Judgment shall be entered dismissing this action without prejudice. 3 4 5 || DATE: April 12, 2023 6 SUNSHINE SUZANNE SYKES UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28