Pham v. Subia

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS and Denying 1 Petition for Writ of Habeas Corpus Pursuant to U.S.C. § 2254. Signed by Judge Marilyn L. Huff on 04/01/09. (All non-registered users served via U.S. Mail Service).(ag) (kaj).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA VING QUANG PHAM, Petitioner, vs. RICHARD SUBIA, Warden, Respondent. CASE NO. 07-CV-1736 H (WMc) ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING THE PETITION FOR HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254

On August 31, 2007, Petitioner, Ving Quang Pham filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner claims his federal constitutional rights were violated because: (1) the trial court's joinder of charges from separate incidents denied him a fundamentally fair trial; and (2) the trial court admitted evidence based on an illegal search and seizure. (Pet. At 6-9). On November 7, 2009 the Court issued an order requiring response to petition. On January 3, 2008, Respondent filed an answer to the petition (Doc. No. 7). //// //// //// ////

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After reviewing the Petition, Respondent's Answer and Memorandum of Points

2 and Authorities, and all supporting documents submitted by the parties, and the Report 3 and Recommendation of the Magistrate Judge, the Court adopts the Report and 4 Recommendation, and denies the petition. 5

IT IS SO ORDERED. April 1, 2009 _______________________________ MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT

6 Dated: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Copies to:

Ving Quang Pham V-86160 PO Box 409020 Ione, CA 95640 Kevin R Vienna Office of the Attorney General 110 West A Street Suite 1100 San Diego , CA 92101

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07cv1736