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UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 ) 1 DERRICK L. JOHNSON, Case No. CV 19-5713-GW (JEM) 13 Petitioner, ORDER ACCEPTING FINDINGS AND V. ) | RECOMMENDATIONS OF UNITED 14 ) STATES MAGISTRATE JUDGE 18] STATE OF CALIFORNIA, 16 Respondent. VS 18 49 Pursuant to

, the Court has reviewed the pleadings, the records 30 on file, and the Report and Recommendation of the United States Magistrate Judge. No 34 Objections to the Report and Recommendation have been filed within the time allowed for 39 Objections. The Court accepts the findings and recommendations of the Magistrate Judge but 93 would add the following on page 10, line 6, after the citation to Evans: 24 In Valdez v. Montgomery,

(9th Cir.), cert. denied,

252 (2019), the Ninth Circuit summarized its case law on this issue by pointing 26 out that it had previously held that unexplained delays of 81, 101 and 115 days 97 were unreasonable. The delay involved here was 84 days. 28

1 IT IS ORDERED that: (1) Respondent's Motion to Dismiss is granted; and (2) Judgment 2|| shall be entered dismissing the action with prejudice. 3 4] DATED: Gon. / 2, 22 wo leona A L047 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16

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