Contreras v. Hedgpeth

Filing 44

ORDER (1) Adopting 39 Magistrate Judge's Report and Recommendation in full and (2) Denying the Petition for Writ of Habeas Corpus. Signed by Judge Dana M. Sabraw on 6/15/10. (All non-registered users served via U.S. Mail Service)(lao)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAMON IVAN CONTRERAS, vs. MATTHEW CATE, Respondent. On March 26, 2008, Petitioner Ramon Ivan Contreras ("Petitioner"), a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner asserts three claims for relief: (1) he was denied his right to effective assistance of counsel, (2) the admission of gang related evidence denied him due process, and (3) there was insufficient evidence to sustain the gang related enhancements. On April 2, 2010, Magistrate Judge Peter C. Lewis issued a Report and Recommendation ("R&R"), recommending that the Court deny the Petition. This Court, having reviewed de novo the Magistrate Judge's R&R, and Petitioner's objections thereto, adopts the Magistrate Judge's recommendation in full and DENIES the petition for a writ of habeas corpus. The Clerk of Court shall enter judgment accordingly, and terminate this case. IT IS SO ORDERED. DATED: June 15, 2010 HON. DANA M. SABRAW United States District Judge -108cv0572

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 08cv0572 DMS (POR) Petitioner, ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) DENYING PETITION