Price v. Santoro, CV 17-6343-RGK (JPR). (2019)
Court: District Court, C.D. California
Number: infdco20190823954
Visitors: 18
Filed: Aug. 21, 2019
Latest Update: Aug. 21, 2019
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE R. GARY KLAUSNER , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge, recommending that the Petition be denied on the merits and this action be dismissed with prejudice. On May 31, 2019, Petitioner filed objections. They consist almost entirely of a verbatim recitation of the Report and Recommendation but with the word
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE R. GARY KLAUSNER , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge, recommending that the Petition be denied on the merits and this action be dismissed with prejudice. On May 31, 2019, Petitioner filed objections. They consist almost entirely of a verbatim recitation of the Report and Recommendation but with the word ..
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ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE
R. GARY KLAUSNER, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge, recommending that the Petition be denied on the merits and this action be dismissed with prejudice. On May 31, 2019, Petitioner filed objections. They consist almost entirely of a verbatim recitation of the Report and Recommendation but with the word "not" strategically inserted or omitted to reframe its conclusions in a way helpful to Petitioner. (See, e.g., Objs. at 19 (copying from court-of-appeal decision as recounted in R. & R. but changing "we agree the record supports it" to "we agree that the record does not support this"), 27 (changing R. & R.'s conclusion that "a rational trier of fact could have found beyond a reasonable doubt that Petitioner committed second-degree murder" to the same phrase but with "not" inserted between "could" and "have").) Accordingly, the objections do not require a response.
Having reviewed de novo those portions of the R. & R. to which Petitioner objected, the Court accepts the Magistrate Judge's findings and recommendations. Accordingly, IT IS ORDERED that the Petition is DENIED and judgment be entered dismissing this action with prejudice.
Source: Leagle
