Fred Nowden v. W. L. Montgomery
Filing
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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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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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FRED NOWDEN,
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Case No. CV 16-05348 CJC (AFM)
Petitioner,
v.
W.L. MONTGOMERY, Warden,
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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 First Amended
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Petition, records on file and the Report and Recommendation of United States
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Magistrate Judge. Further, the Court has engaged in a de novo review of those
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portions of the Report to which Petitioner has objected.
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The sentence on page 31, lines 5-6 of the Report and Recommendation is
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ordered deleted and replaced with the following sentence: “A search near the
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Durants’ home shortly after the robbery revealed two duffle bags, including a bag
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taken from one of the victims, containing several pounds of marijuana and various
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drug paraphernalia. (6 RT 481-91.)” This does not change the conclusion that the
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prosecutor’s argument was proper and did not signal a “new theory” of the case.
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The Court accepts the findings and recommendations of the Magistrate Judge
as modified.
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IT THEREFORE IS ORDERED that (1) the Report and Recommendation of
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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 First
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Amended Petition and dismissing the action with prejudice.
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DATED: March 9, 2018
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____________________________________
CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE
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