Fernando Duarte v. Tristan Lemon

Good Law
United States District Court, Central District of CaliforniaSeptember 23, 20242:22-cv-07590California579 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 10 FERNANDO DUARTE, Case No. 2:22-cv-07590-FMO-JPR

Petitioner, ORDER ACCEPTING v. MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION STEVEN SMITH, Acting Warden, Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other records on file herein, the Magistrate Judge’s Report and Recommendation, Petitioner’s Objections to the Report and Recommendation, and Petitioner’s separate “Declaration” filed with the Objections. The Report and Recommendation (“Report”) recommends denial of the Petition and dismissal of this action with prejudice. (ECF No. 34.) Petitioner’s Objections to the Report and his Declaration (ECF Nos. 35-36) do not warrant a change to the Magistrate Judge’s findings or recommendation. Petitioner raises a “broad objection” that he is entitled to habeas relief for a claim under Brady v. Maryland, 373 U.S. 83 (1963). (ECF No. 35 at 3-5.) But Petitioner failed to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.