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Jordan v. Marshall

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 30, 2008

LAWRENCE WRIGHT JORDAN, PETITIONER,
v.
J. MARSHALL, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

Petitioner filed a § 2254 habeas petition on April 9, 2007, and a supplemental petition on May 15, 2007. Petitioner challenges the sufficiency of the evidence supporting the jury's finding that he personally used a firearm during one of the eight second-degree robberies for which he was convicted. Respondent filed a response on June 19, 2007, and Petitioner filed a traverse on July 20, 2007.

On November 14, 2007, Magistrate Judge Ruben B. Brooks issued a Report and Recommendation ("R&R") recommending that the court deny Petitioner's § 2254 petition. Petitioner filed no objections.

Having carefully considered the thorough and thoughtful R&R, the record before the court, the absence of any objections to the R&R, and the applicable authorities, the court wholly adopts the R&R.*fn1

In sum, the R&R is hereby adopted in full and the petition for writ of habeas corpus is DENIED and the action is DISMISSED with prejudice.

IT IS SO ORDERED.


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