Fred Nowden v. W. L. Montgomery

Filing 75

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Cormac J. Carney for Report and Recommendation (Issued) 63 . 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 First Amended Petition and dismissing the action with prejudice. (sbou)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 FRED NOWDEN, 11 12 13 Case No. CV 16-05348 CJC (AFM) Petitioner, v. W.L. MONTGOMERY, Warden, 14 ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Respondent. 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended 17 Petition, records on file and the Report and Recommendation of United States 18 Magistrate Judge. Further, the Court has engaged in a de novo review of those 19 portions of the Report to which Petitioner has objected. 20 The sentence on page 31, lines 5-6 of the Report and Recommendation is 21 ordered deleted and replaced with the following sentence: “A search near the 22 Durants’ home shortly after the robbery revealed two duffle bags, including a bag 23 taken from one of the victims, containing several pounds of marijuana and various 24 drug paraphernalia. (6 RT 481-91.)” This does not change the conclusion that the 25 prosecutor’s argument was proper and did not signal a “new theory” of the case. 26 27 28 The Court accepts the findings and recommendations of the Magistrate Judge as modified. 1 IT THEREFORE IS ORDERED that (1) the Report and Recommendation of 2 the Magistrate Judge is accepted and adopted; (2) petitioner’s request for an 3 evidentiary hearing is denied; and (3) Judgment shall be entered denying the First 4 Amended Petition and dismissing the action with prejudice. 5 6 DATED: March 9, 2018 7 8 9 ____________________________________ CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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