Lucion Lee Edward Banks v. David Holbrook

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

9 10 11 LUCION LEE EDWARD BANKS, Case No. 2:24-cv-05121-PA-GJS

12 Petitioner, ORDER ACCEPTING AMENDED v. REPORT AND RECOMMENDATION 13 OF UNITED STATES MAGISTRATE 14 DAVID HOLBROOK,

JUDGE

15 Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of 18 Habeas Corpus by a Person in State Custody, the records on file, the Amended 19 Report and Recommendation of the United States Magistrate Judge (“Report”), and 20 Petitioner’s objections to the Report. Further, the Court has made a de novo 21 determination of the portions of the Report to which objections have been made. 22 The Report recommends the denial of the Petition and the dismissal of this 23 action with prejudice. (ECF No. 20.) Petitioner’s objections to the Report (ECF 24 No. 21) do not merit any change to the Report’s findings or recommendations. 25 Petitioner objects that the prosecution presented false evidence, under Napue 26 v. Illinois, 360 U.S. 264 (1959), consisting of…