Joseph Daniel Ramos v. Raymond Madden

Filing 38

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Valerie Baker Fairbank for Report and Recommendation (Issued) 24 . 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

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CENTRAL DISTRICT OF CALIFORNIA

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JOSEPH DANIEL RAMOS,
Petitioner,

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v.

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Case No. ED CV 15-02519-VBF (KK)

RAYMOND MADDEN,
Respondent.

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ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

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

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

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

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

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

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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

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1158, 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: January 18, 2017

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HON. VALERIE BAKER FAIRBANK
United States District Judge

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