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Trevor Johnson v. Domingo Uribe

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 17, 2012

TREVOR JOHNSON, PETITIONER,
v.
DOMINGO URIBE, RESPONDENT.

The opinion of the court was delivered by: Consuelo B. Marshall Senior United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus ("Petition"), the records and files herein, the First Amended Report and Recommendation of the United States Magistrate Judge, and the Petitioner's Complete Statement of Objections with Declaration and Points and Authorities attached to Petitioner's Motion filed on February 27, 2012.

After a de novo review of Petitioner's Complete Statement of Objections with Declaration and Points and Authorities, the Court overrules the objections because the topics addressed are covered in the First Amended Report and Recommendation, which the Court adopts. The objections do not change the First Amended Report and Recommendation's findings. See 28 U.S.C. § 636(b)(1)(C) ("A judge of the court shall make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection is made."); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ("The statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise.").

IT IS ORDERED that: (1) the Court accepts the findings and recommendations of the Magistrate Judge; (2) the Court declines to issue a Certificate of Appealability ("COA")*fn1 ; (3) the Second Amended Petition is denied; (4) Petitioner's First Amended Motion for Summary Judgment and any and all other pending motions or requests are denied; and (5) this case is dismissed with prejudice.


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