Walter Lee Cole v. B. Cates

• Court: District Court, C.D. California
• Decided: September 16, 2024
• Docket: 2:22-cv-00695
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 WALTER LEE COLE, ) Case No. 22-cv-00695-JVS-JC ) 12 ) Petitioner, ) 13 ) ORDER ACCEPTING FINDINGS, v. ) CONCLUSIONS, AND 14 ) RECOMMENDATIONS OF RON BROOMFIELD, ) UNITED STATES MAGISTRATE 15 ) JUDGE ) 16 Respondent. ) ___________________________________ 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of 19 Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 20 (“Petition”), the parties’ submissions in connection with Petitioner’s “Notice for 21 Court to Take Judicial Notice of Petitioner” (“Request for Judicial Notice”) and 22 Respondent’s Motion to Dismiss the Petition (“Motion to Dismiss”), and all of the 23 records herein, including the July 3, 2024 Report and Recommendation of United 24 States Magistrate Judge (“Report and Recommendation”) and Petitioner’s filings 25 of August 26, 2024, which are construed as his objections to the Report and 26 Recommendation (“Objections”). The Court approves and accepts the Report and 27 Recommendation. The Court has further made a de novo determination of those 28 portions of the Report and Recommendation to which objection is made. The 1 || Court concurs with and accepts the findings, conclusions, and recommendations of 2 || the United States Magistrate Judge and overrules the Objections, which raise the 3 || same contentions previously raised in Petitioner’s opposition to the Motion to 4 || Dismiss.! 5 IT IS HEREBY ORDERED that the Request for Judicial Notice is granted in 6 || part and denied in part (see Report and Recommendation at 2-3 n.2), the Motion to 7 || Dismiss is granted and the Petition and this action are dismissed. 8 IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the 9 || Report and Recommendation, and the Judgment herein on Petitioner and counsel 10 || for Respondent. 1] LET JUDGMENT BE ENTERED ACCORDINGLY. 12 13 | DATED: September 16, 2024 [ya 14 ewe UV, [eo - 15 v / 16 HONORABLE JAMES V. SELNA 7 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 'To the extent the Objections request that the Court take judicial notice of Brown v. 27 || Atchley, 76 F.4th 862 (9th Cir. 2023), or other public documents properly subject to judicial notice, such request is granted, and the Court has taken into account the documents referenced 28 || and/or attached to the Objections.