Davon Carey Griffith v. Sandra Pennywell

Filing 75

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS of United States Magistrate Judge by Judge James V. Selna re 73 . IT IS THEREFORE ORDERED that Judgment be entered dismissing the Petition with prejudice. (mba)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DAVON CAREY GRIFFITH,

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Case No. CV 14-03251-JVS (KES)

Petitioner,
v.
SANDRA ALFARO, Warden,

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, the other

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records on file herein, and the Final Report and Recommendation of the United

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States Magistrate Judge. Further, the Court has engaged in a de novo review of

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those portions of the Report and Recommendation to which objections have been

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made. The Court accepts the findings and recommendations of the Magistrate

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Judge with one addition.

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Petitioner contends that the time for modifying his sentence on his drug

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conviction under California Penal Code Section 170(d) had lapsed, and that there

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was a jurisdiction defect in the modified sentence. (Objection to Magistrate’s

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Report and Recommendation, p. 4.) Assuming habeas relief is available for pure

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errors of state law, the error was harmless since the resentencing resulted in a

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reduced sentence. See Brecht v. Abrahamson, 507 U.S. 619, 637-38 (1993).

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IT IS THEREFORE ORDERED that Judgment be entered dismissing the
Petition with prejudice.

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DATED: January 23, 2017
____________________________________
JAMES V. SELNA
UNITED STATES DISTRICT JUDGE

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