Gordon Ray Bodkin v. Kim Holland

Filing 21

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Beverly Reid O'Connell for Report and Recommendation (Issued) 14 . The Petition is DENIED; and Judgment shall be entered dismissing this action with prejudice. (rh)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
GORDON RAY BODKIN,

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Petitioner,
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v.
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KIM HOLLAND, Warden,
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Respondent.
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_________________________________ )

NO. SACV 16-2211-BRO (KS)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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

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Corpus (“Petition”), all of the records herein, the Report and Recommendation of United

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States Magistrate Judge (“Report”), and Petitioner’s Objections to the Magistrate Judge’s

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Report and Recommendation (“Objections”). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed.

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R. Civ. P. 72(b), the Court has conducted a de novo review of those portions of the Report to

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which objections have been stated. Having completed its review, the Court accepts the

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findings and recommendations set forth in the Report.

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Petitioner appears to seek an evidentiary hearing in the Objections. For the reasons

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stated in the Report, the Court was able to resolve the merits of Petitioner’s federal habeas

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claims solely by reference to the state court records. See Gandarela v. Johnson, 286 F.3d

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1080, 1087 (9th Cir. 2001) (petitioner not entitled to evidentiary hearing because he failed to

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show “what more an evidentiary hearing might reveal of material import”). Further, the

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Court’s ability to consider new evidence obtained through an evidentiary hearing is

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constrained by 28 U.S.C. § 2254(e)(2), and Petitioner has not satisfied this standard. 28

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U.S.C. § 2254(e)(2); see also Pinholster, 563 U.S. at 186.

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Accordingly, IT IS ORDERED that: (1) the Petition is DENIED; and (2) Judgment
shall be entered dismissing this action with prejudice.

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DATED: September 1, 2017

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BEVERLY REID O’CONNELL
UNITED STATES DISTRICT JUDGE