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Lopez v. Dexter

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 22, 2010

JOSE MANUEL LOPEZ, PETITIONER,
v.
DEBRA DEXTER, WARDEN, RESPONDENT.

The opinion of the court was delivered by: George H. King United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the petition; the Magistrate Judge's Report and Recommendation ("R&R"); the Objections to the R&R filed on July 9, 2010; and the records and files. Based upon the Court's de novo review, the Court agrees with the recommendation of the Magistrate Judge. Petitioner's objections are overruled.

Petitioner objects to a mistake in the Summary of Proceedings in which the Magistrate Judge said that Petitioner was convicted by a jury, when in fact Petitioner was convicted in a bench trial. (Objections at 1; R&R at 2.) Petitioner does not identify any way in which this mistake affected the Magistrate Judge's recommendation. Indeed, one of Petitioner's claims was that his trial counsel was ineffective because she advised him to waive his right to a jury trial. (R&R at 9.) The Magistrate Judge thoroughly addressed this claim. (R&R at 10-13.) Plaintiff's remaining objections are without merit.

IT IS ORDERED that (1) page 2 of the Report and Recommendation be corrected to state that Petitioner was convicted in a bench trial; (2) as corrected, the Report and Recommendation be adopted; and (3) Judgment be entered dismissing this action with prejudice.

20100822

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