Carlos Ramirez v. David B. Long

Filing 66

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge James V. Selna for Report and Recommendation (Issued) 59 . IT IS THEREFORE ORDERED that Judgment be entered (1) denying the Second Amended Petition for a Writ of Habeas Corpus; and (2) dismissing this action with prejudice. (See document for further details.) (iva)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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CARLOS RAMIREZ,
Petitioner,

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v.

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Case No. CV 14-2008-JVS (KK)

DAVID B. LONG,
Respondent.

ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

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Pursuant to Title 28 of the United States Code, section 636, the Court has

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reviewed the Second Amended Petition for a Writ of Habeas Corpus, the records

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on file, and the Report and Recommendation of the United States Magistrate

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Judge. The Court has engaged in de novo review of those portions of the Report to

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which Petitioner has objected. The Court accepts the findings and

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recommendation of the Magistrate Judge.

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To the extent Petitioner also requests an evidentiary hearing in his objections

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to the Report, in habeas proceedings, “an evidentiary hearing is not required on

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issues that can be resolved by reference to the state court record.” Totten v.

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Merkle, 137 F.3d 1172, 1176 (9th Cir. 1998); see also Earp v. Ornoski, 431 F.3d 1158,

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1173 (9th Cir. 2005). “It is axiomatic that when issues can be resolved with

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reference to the state court record, an evidentiary hearing becomes nothing more

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than a futile exercise.” Totten, 137 F.3d at 1176. Here, the Magistrate Judge

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concluded all of Petitioner’s claims could be resolved by reference to the state

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court record. Accordingly, the Court denies Petitioner’s request for an evidentiary

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hearing.

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IT IS THEREFORE ORDERED that Judgment be entered (1) denying the

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Second Amended Petition for a Writ of Habeas Corpus; and (2) dismissing this

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action with prejudice.

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Dated: October 11, 2016
HONORABLE JAMES V. SELNA
United States District Judge

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