Voss

Black v. Voss

Good Law

557 F. Supp. 2d 1100·2008 WL 1335920·2008 U.S. Dist. LEXIS 29575

United States District Court, Central District of CaliforniaApril 9, 2008EDCV 06-0686 R(AJW)California4,235 words

Opinion

Real, J.

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

The Court has reviewed the entire record in this action, the Report and Recommendation of Magistrate Judge (“Report”), and petitioner’s objections. The Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

Proceedings

On October 8, 2002, the Riverside County District Attorney filed a petition alleging that petitioner was a sexually violent predator within the meaning of section 6600(a) of the California Welfare and Institutions Code. [Clerk’s Transcript (“CT”) 1-3]. On July 23, 2003, before trial on the petition commenced, petitioner filed a ha-beas petition in the Riverside County Superior Court arguing that the prosecution had failed to plead and prove a recent overt act to satisfy the necessary element of current dangerousness. [Lodgment 6]. The petition was denied. [Lodgment 7], Petitioner filed a habeas petition in the California Court of Appeal, raising the same argument. The state appellate court denied the…

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