Alfonso Penaflor v. Stu Sherman et al

Filing 25

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Dale S. Fischer for Report and Recommendation (Issued), 21 . IT THEREFORE IS ORDERED that the Petition is denied and Judgment be entered dismissing this action with prejudice. (bem)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ALFONSO PENAFLOR,
Petitioner,

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v.
STU SHERMAN, Warden,
Respondent.

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Case No. EDCV 15-1339-DSF (JPR)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF U.S.
MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the

17 Petition, records on file, and Report and Recommendation of U.S.
18 Magistrate Judge. On June 7, 2017, Petitioner filed Objections,
19 in which he mostly reargues grounds one and three of the
20 Petition. Those arguments — concerning a state-law sentencing
21 claim in ground one and “missing” cell phones in ground three —
22 were thoroughly addressed and rejected in the R. & R. (See R. &
23 R. at 10-12 (sentencing claim not cognizable), 16-17 (allegedly
24 lost cell phones not exculpatory and in fact “had little bearing
25 on his . . . convictions”).)
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Having reviewed de novo those portions of the R. & R. to

27 which objections were filed, the Court accepts the findings and
28 recommendations of the Magistrate Judge.

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IT THEREFORE IS ORDERED that the Petition is denied and

2 Judgment be entered dismissing this action with prejudice.
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6/27/17

4 DATED:
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DALE S. FISCHER
U.S. DISTRICT JUDGE

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