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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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HAISANI REYNOLDS,

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Petitioner,
v.
RAYMOND MADDEN, Warden,

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Case No. CV 17-00591 JAK (AFM)
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, records on

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file and the Report and Recommendation of United States Magistrate Judge.

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Further, the Court has engaged in a de novo review of those portions of the Report

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to which objections have been made.

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The Report and Recommendation is ordered corrected on page 21, lines 20-

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21. The words “insufficiency-of-the-evidence claim” are deleted and replaced with

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the word “claims.”

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Petitioner’s objections are overruled. In particular, petitioner’s argument that

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his appointed counsel failed to investigate evidence of police misconduct is

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unfounded.

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overarching claims that he was entitled to self-representation or substitution of

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Petitioner did not allege police misconduct as a basis for his

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counsel. In any event, appointed counsel did in fact file a motion under Pitchess v.

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Superior Court, 11 Cal. 3d 531 (1974), for discoverable material about the police

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officers in this case, but that process yielded no discoverable material. (2 RT at B-

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7.) Appointed counsel also explored an issue as to whether an eyewitness, Delores

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Porter, had been prompted by the police to select petitioner’s photograph from a

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six-pack lineup, but Porter and the officer testified that Porter selected petitioner’s

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photograph without any prompting, and their testimony was corroborated by

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videotape. (4 RT 1802, 1805, 1829, 2146).

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The Court accepts the findings and recommendations of the Magistrate

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Judge. IT THEREFORE IS ORDERED that (1) the Report and Recommendation

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of 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

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Petition and dismissing the action with prejudice.

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DATED: November 16, 2017

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____________________________________
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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