Karis

ORDER

DEATH PENALTY CASE

Petitioner JAMES L. KARIS was convicted and sentenced to death in the El Dorado County Superior Court. He has filed a petition with this court seeking federal habeas corpus, see generally 28 U.S.C. § 2254 , which pursuant to Local Rule 191(f) was referred to Chief Magistrate Judge John F. Moulds. The respondents moved to dismiss. They noted that petitioner had sought habeas relief from the California Supreme Court raising the same claims and asserted that the petition was denied on independent and adequate state procedural grounds.

In due course, the magistrate judge filed findings and recommendations concluding that the respondents’ motion to dismiss should be denied. The respondents filed objections to the magistrate judge’s recommendations, and the petitioner replied. The court disposes of the motion herein. The court believes that the magistrate judge’s recommendations are fully supported by the record and the law and, accordingly, will adopt them for the reasons which are explained below.

Because the court believes that Magistrate Judge Moulds’ findings and recommendations constitute a detailed and accurate determination of the applicable law,…