Haisani Reynolds v. Raymond Madden

Filing 41

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge John A. Kronstadt for Report and Recommendation 36 . (ib)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 HAISANI REYNOLDS, 12 13 14 Petitioner, v. RAYMOND MADDEN, Warden, 15 Case No. CV 17-00591 JAK (AFM) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on 18 file and the Report and Recommendation of United States Magistrate Judge. 19 Further, the Court has engaged in a de novo review of those portions of the Report 20 to which objections have been made. 21 The Report and Recommendation is ordered corrected on page 21, lines 20- 22 21. The words “insufficiency-of-the-evidence claim” are deleted and replaced with 23 the word “claims.” 24 Petitioner’s objections are overruled. In particular, petitioner’s argument that 25 his appointed counsel failed to investigate evidence of police misconduct is 26 unfounded. 27 overarching claims that he was entitled to self-representation or substitution of 28 Petitioner did not allege police misconduct as a basis for his 1 counsel. In any event, appointed counsel did in fact file a motion under Pitchess v. 2 Superior Court, 11 Cal. 3d 531 (1974), for discoverable material about the police 3 officers in this case, but that process yielded no discoverable material. (2 RT at B- 4 7.) Appointed counsel also explored an issue as to whether an eyewitness, Delores 5 Porter, had been prompted by the police to select petitioner’s photograph from a 6 six-pack lineup, but Porter and the officer testified that Porter selected petitioner’s 7 photograph without any prompting, and their testimony was corroborated by 8 videotape. (4 RT 1802, 1805, 1829, 2146). 9 The Court accepts the findings and recommendations of the Magistrate 10 Judge. IT THEREFORE IS ORDERED that (1) the Report and Recommendation 11 of the Magistrate Judge is accepted and adopted; (2) petitioner’s request for an 12 evidentiary hearing is denied; and (3) Judgment shall be entered denying the 13 Petition and dismissing the action with prejudice. 14 15   DATED: November 16, 2017 16 17 18 ____________________________________ JOHN A. KRONSTADT UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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