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PETILLO v. WORLDAND, CV 11-5005-CJC (JPR). (2012)

Court: District Court, C.D. California Number: infdco20120426830 Visitors: 6
Filed: Apr. 23, 2012
Latest Update: Apr. 23, 2012
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE CORMAC J. CARNEY, District Judge. Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the U.S. Magistrate Judge. Petitioner has filed objections to the Report and Recommendation, in which he repeats arguments from his Petition and Traverse concerning the origins of the injury on his finger. Those arguments were fully addressed in the Magist
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ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE

CORMAC J. CARNEY, District Judge.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the U.S. Magistrate Judge.

Petitioner has filed objections to the Report and Recommendation, in which he repeats arguments from his Petition and Traverse concerning the origins of the injury on his finger. Those arguments were fully addressed in the Magistrate Judge's Report and Recommendation. In any event, even if a police report exists demonstrating that the injury was caused not by Petitioner breaking into the victim's house but in a tussle with the arresting officer, the prosecution's suppression of the report would not have so infected the trial as to render the guilty verdicts a denial of due process. As detailed in the Report and Recommendation, the other evidence against Petitioner was strong.

Having made a de novo determination of those portions of the Report and Recommendation to which objections have been made, the Court accepts the findings and recommendations of the Magistrate Judge. IT THEREFORE IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice.

Source:  Leagle

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