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Gallarzo v. Uribe

United States District Court, C.D. California

January 5, 2015

GREGORY GALLARZO, Petitioner,
v.
DOMINGO URIBE, JR., Warden, Respondent

Gregory Gallarzo, Petitioner, Pro se, Imperial, CA.

For Domingo Uribe, Jr, Respondent: Carlos Dominguez, CAAG - Office of the Attorney General, California Department of Justice, Los Angeles, CA.

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

ANDREW J. GUILFORD, United States District Judge.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the petition, records on file, and the Report and Recommendation of the magistrate judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the findings and recommendation of the magistrate judge.

Petitioner's objections raise new subclaims under ineffective assistance of counsel (Ground One) and prosecutorial misconduct (Ground Two). ( E.g., Objections at 24-25, 47-49, 54-58, 69-87.) To the extent they are unexhausted, Petitioner's new subclaims do not warrant habeas relief. 28 U.S.C. § 2254(b)(2). Moreover, they are without merit. Cassett v. Stewart, 406 F.3d 614, 624 (9th Cir. 2005).

Petitioner's remaining objections are meritless.

IT IS ORDERED that the petition is denied and the action dismissed with prejudice.

JUDGMENT

Pursuant to the Order Accepting Findings and Recommendation of United States Magistrate Judge, IT IS ADJUDGED that the Petition in this matter is denied and dismissed with prejudice.


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