Roderick Keith Dirden v. Stuart Sherman

Filing 21

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Josephine L. Staton for Report and Recommendation (Issued) 16 . 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. (See document for specifics.) (iva)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

CENTRAL DISTRICT OF CALIFORNIA

8
9
10

RODERICK KEITH DIRDEN,
Petitioner,

11
v.

12
13

Case No. EDCV 15-2032-JLS (KK)

STUART SHERMAN, Warden,
Respondent.

14

ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

15
16
17

Pursuant to Title 28 of the United States Code, section 636, the Court has

18

reviewed the Petition for a Writ of Habeas Corpus, the records on file, and the

19

Report and Recommendation of the United States Magistrate Judge. The Court

20

has engaged in de novo review of those portions of the Report to which Petitioner

21

has objected. The Court accepts the findings and recommendation of the

22

Magistrate Judge.

23

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

24

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

25

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

26

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

27

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

28

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

1

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

2

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

3

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

4

hearing.

5
6

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.

7
8
9
10

Dated: July 6, 2016
HONORABLE JOSEPHINE L. STATON
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2