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Garcia-Cortez v. Sanders

United States District Court, Ninth Circuit, California, C.D. California
May 31, 2013
SACV 11-1554-CJC (MAN) (C.D. Cal. May. 31, 2013)

Summary

ruling that the petitioner's contention that he was prevented from filing a timely administrative appeal was relevant to whether he exhausted administrative remedies, but that it did not constitute an independent basis for federal habeas relief

Summary of this case from Pait v. Gutierrez

Opinion


JUAN GARCIA-CORTEZ, Petitioner, v. LINDA SANDERS, WARDEN, Respondent. No. SACV 11-1554-CJC (MAN) United States District Court, C.D. California. May 31, 2013

          ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          CORMAC J. CARNEY, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus ("Petition"), all of the records herein, and the Report and Recommendation of United States Magistrate Judge ("Report"). The time for filing Objections to the Report has passed and no Objections have been filed with the Court. The Court accepts the findings and recommendations set forth in the Report.

         IT IS ORDERED that: (1) Grounds One and Two of the Petition are denied; (2) Grounds Three and Four of the Petition are dismissed for lack of jurisdiction; and (3) Judgment shall be entered dismissing this action with prejudice as to Grounds One and Two and without prejudice as to Grounds Three and Four.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on the parties.

         LET JUDGMENT BE ENTERED ACCORDINGLY.


Summaries of

Garcia-Cortez v. Sanders

United States District Court, Ninth Circuit, California, C.D. California
May 31, 2013
SACV 11-1554-CJC (MAN) (C.D. Cal. May. 31, 2013)

ruling that the petitioner's contention that he was prevented from filing a timely administrative appeal was relevant to whether he exhausted administrative remedies, but that it did not constitute an independent basis for federal habeas relief

Summary of this case from Pait v. Gutierrez
Case details for

Garcia-Cortez v. Sanders

Case Details

Full title:JUAN GARCIA-CORTEZ, Petitioner, v. LINDA SANDERS, WARDEN, Respondent.

Court:United States District Court, Ninth Circuit, California, C.D. California

Date published: May 31, 2013

Citations

SACV 11-1554-CJC (MAN) (C.D. Cal. May. 31, 2013)

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