Derek Christopher Adams v. J. Beard

Filing 23

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Fernando M. Olguin for Report and Recommendation (Issued) 20 . 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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DEREK CHRISTOPHER ADAMS,
Petitioner,

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v.

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J. BEARD,
Respondent.

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Case No. SACV 15-00625-FMO (KK)
ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

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

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records herein, the Magistrate Judge's Report and Recommendation, and the

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Objections to the Report and Recommendation. Having made a de novo determination

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of the portions of the Report and Recommendation to which the Objections were

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directed, the Court concurs with and accepts the findings and conclusions of the

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Magistrate Judge.

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In his Petition and Traverse, Petitioner requests an evidentiary hearing.

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However, in habeas proceedings, “an evidentiary hearing is not required on issues that

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can be resolved by reference to the state court record.” Totten v. Merkle, 137 F.3d

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1172, 1176 (9th Cir. 1998); see also Earp v. Ornoski, 431 F.3d 1158, 1173 (9th Cir.

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2005). “It is axiomatic that when issues can be resolved with reference to the state

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court record, an evidentiary hearing becomes nothing more than a futile exercise.”

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Totten, 137 F.3d at 1176. Here, the Magistrate Judge concluded all of Petitioner’s

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claims could be resolved by reference to the state court record. Accordingly, the Court

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denies Petitioner’s request for an evidentiary 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 6, 2015
______________/s/_________________
HONORABLE FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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