Daniel Flores v. R Barnes

Filing 97

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Josephine L. Staton for Report and Recommendation (Issued) 93 . IT THEREFORE IS ORDERED that (1) the Report and Recommendation of the Magistrate Judge is accepted and adopted; (2) petitioner's request for an evidentiary hearing is denied; and (3) Judgment shall be entered denying the Third Amended Petition and dismissing the action with prejudice. (See document for further details.) (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DANIEL FLORES,
Petitioner,

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v.
R. BARNES, Warden,

Case No. CV 13-03934 JLS (AFM)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

Respondent.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on

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file and the Report and Recommendation of United States Magistrate Judge.

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Further, the Court has engaged in a de novo review of those portions of the Report

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to which objections have been made.

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Petitioner’s objections are overruled. Although petitioner objects that the

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Report failed to analyze the confidential informant’s threat of a “green light,”

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petitioner’s counsel has not cited anywhere in the record where this alleged threat

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was made. The Court’s independent review of the trial record reveals no instance

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in which the confidential informant directly threatened petitioner with a green light.

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The only discussion of green lights contained in the record resulted in the

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confidential informant assuring petitioner that petitioner’s gang was not subject to a

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green light. (4 CT 765-66.)

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The Court accepts the findings and recommendations of the Magistrate

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Judge. IT THEREFORE IS ORDERED that (1) the Report and Recommendation

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of the Magistrate Judge is accepted and adopted; (2) petitioner’s request for an

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evidentiary hearing is denied; and (3) Judgment shall be entered denying the Third

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Amended Petition and dismissing the action with prejudice.

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DATED: March 6, 2018
____________________________________
JOSEPHINE L. STATON
UNITED STATES DISTRICT JUDGE

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