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Norwood v. Brazelton

United States District Court, C.D. California

September 2, 2014

CORNELL NORWOOD, Petitioner,
v.
P.D. BRAZELTON, Warden, Respondent.

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

OTIS D. WRIGHT, II, District Judge.

Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the Petition, the other records on file herein, 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 and Recommendation to which objections have been made. The Court accepts the findings and recommendation of the Magistrate Judge.

In his objections, Petitioner states he has "newly acquired information" that charges against the fired prison staff member were ultimately dismissed in the interest of justice on April 10, 2012, after Petitioner's disciplinary hearing. This Court cannot consider evidence outside the state record. Cullen v. Pinholster, 131 S.Ct. 1388, 1398, 179 L.Ed.2d 557 (2011). Moreover, Petitioner has not shown a due process violation.

Petitioner's remaining objections have no merit.

IT THEREFORE IS ORDERED that judgment be entered denying the Petition and dismissing this action with prejudice.


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