Jose Guajardo v. P D Brazeton

Filing 28

ORDER ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE by Judge John F. Walter for Report and Recommendation 26 . (rla)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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JOSE GUAJARDO,
Petitioner,

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v.

Case No. CV 12-06207 JFW (AN)
ORDER ACCEPTING THE FINDINGS
AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE

P. D. BRAZETON, Warden,

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Respondent.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the file, including the

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Magistrate Judge's Report and Recommendation ("R&R") and Petitioner's Objections

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(erroneously titled "Traverse") [27]. Further, the Court has completed a de novo review

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of those portions of the R&R to which Petitioner has objected.

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IT IS ORDERED that:

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1.

The Objections, to the extent they reiterate arguments made in the Petition,

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are overruled for the reasons set forth in the R&R. The Objections are also overruled

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to the extent they make perfunctory references to additional claims without any specific

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facts. See Blackledge v. Allison, 431 U.S. 63, 74, 76 n.7, 97 S. Ct. 1621 (1977)

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("[C]onclusory allegations unsupported by specifics [are] subject to summary

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dismissal, as are contentions that in the face of the record are wholly incredible," and

1 a federal habeas petition "is expected to state facts that point to a real possibility of
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constitutional error") (internal quotation marks omitted).

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2.

The Court accepts the findings and recommendation of the R&R.

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3.

Judgment shall be entered denying the Petition and dismissing this action

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4.

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IT IS FURTHER ORDERED that the clerk of the Court shall serve a copy ofthis

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All pending motions are denied as moot and terminated.

Order and the Judgment on all counsel or parties of record.

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Dated: June 6, 2013