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Hernandez v. Frauenheim

United States District Court, C.D. California, Western Division

January 6, 2015

ALBERTO HERNANDEZ, Petitioner,
v.
SCOTT FRAUENHEIM, Respondent

Alberto Hernandez, Plaintiff, Pro se, Coalinga, CA.

For Scott Frauenheim, Respondent: Eric J Kohm, LEAD ATTORNEY, CAAG - Office of Attorney General, California Department of Justice, Los Angeles, CA.

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

GEORGE H. WU, UNITED STATES DISTRICT 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, and the Report and Recommendation of the United States Magistrate Judge (" Report"). Further, the Court has engaged in de novo review of those portions of the Report to which Petitioner has objected.

The Court makes the following changes to the Report:

Page 10, line 19: change " motivate" to " motivating."

Page 15, line 23: change the word " if" to " of."

Page 16, line 19: change " clearly established" to " 'clearly established'" .

Page 19, line 17: change " (9th Cir.)" to " (9th Cir. 2013)."

Page 22, line 21: delete the ellipses.

Page 34, line 12: add opening quotation mark before " because."

Page 38, line 9: delete " Johnson, " leaving only " Coleman."

Page 43, line 9: delete the word " under" .

IT IS ORDERED that: (1) the Court accepts the findings and recommendations of the Magistrate Judge, and (2) the Court declines to issue a Certificate of Appealability (" COA").[1]

JUDGMENT

Pursuant to the Order Accepting the Findings and Recommendations of the United States Magistrate Judge, IT IS ADJUDGED that the Petition for Writ of Habeas Corpus is dismissed with prejudice.


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