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Kesshawn Nelson v. George Neotti

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 20, 2012

KESSHAWN NELSON, PETITIONER,
v.
GEORGE NEOTTI, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. S. James Otero United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court reviewed the petition, the records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Respondent has objected.

Respondent objects on the ground that the Report does not analyze whether Petitioner's claims are barred on retroactivity grounds under Teague v. Lane, 489 U.S. 288, 310 (1989). Because the Court does not recommend granting habeas relief on any ground here, it is not necessary to address Respondent's Teague argument. See Leavitt v. Arave, 383 F.3d 809, 816 (9th Cir. 2004) ("If a state properly argues that the district court granted a habeas petition on the basis of a new rule of constitutional law that is Teague-barred, we must address the Teague issue first." (citing Horn v. Banks, 536 U.S. 266, 267 (2002) (per curiam)) (emphasis added). The Court accepts the findings and recommendation of the Magistrate Judge.

IT IS ORDERED that Judgment be entered denying the petition and dismissing this action with prejudice.

20120520

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