Ronnie R. Wadell v. R. Madden

Filing 21

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge R. Gary Klausner for Report and Recommendation (Issued) 18 . (SEE ORDER FOR FURTHER DETAILS) IT IS THEREFORE ORDERED that Judgment be entered (1) denying the Petition for a Writ of Habeas Corpus; and (2) dismissing this action with prejudice. (iva)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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Petitioner,

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Case No. CV 17-3715-RGK (KK)

RONNIE R. WADDELL,
v.
R. MADDEN, Warden,
Respondents.

ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for a Writ

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of Habeas Corpus, the records on file, and the Report and Recommendation of the

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United States Magistrate Judge. The Court has engaged in de novo review of those

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portions of the Report to which Petitioner has objected. The Court accepts the

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findings and recommendation of the Magistrate Judge.

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In his objections to the Report, Petitioner also requests an evidentiary

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hearing. However, in habeas proceedings, “an evidentiary hearing is not required

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on issues that can be resolved by reference to the state court record.” Totten v.

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Merkle, 137 F.3d 1172, 1176 (9th Cir. 1998); see also Earp v. Ornoski, 431 F.3d 1158,

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1173 (9th Cir. 2005). “It is axiomatic that when issues can be resolved with

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reference to the state court record, an evidentiary hearing becomes nothing more

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than a futile exercise.” Totten, 137 F.3d at 1176. Here, the Magistrate Judge

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concluded all of Petitioner’s claims could be resolved by reference to the state

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court record. Accordingly, the Court denies Petitioner’s request for an evidentiary

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hearing.

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IT IS THEREFORE ORDERED that Judgment be entered (1) denying the
Petition for a Writ of Habeas Corpus; and (2) dismissing this action with prejudice.

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Dated: October 23, 2017
HONORABLE R. GARY KLAUSNER
United States District Judge

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