Majoy

ORDER ADOPTING SECOND SUPERSEDING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

I. INTRODUCTION

In an order dated July 11, 2002, the Ninth Circuit remanded Petitioner Antho ny Majoy’s habeas corpus petition to this Court to determine whether Petitioner’s case meets the exacting threshold of “actual innocence” from Schlwp v. Delo, 513 U.S. 298 , 115 S.Ct. 851 , 130 L.Ed.2d 808 (1995), such that his otherwise procedurally barred habeas petition can proceed on the merits. See Majoy v. Roe, 296 F.3d 770 (9th Cir.2002). The Magistrate’s Second Superseding Report and Recommendation (“SSRR”) details why Petitioner’s claims do not meet the actual innocence standard from Schlup. Having thoroughly reviewed the record de novo, the Court agrees with the Magistrate’s findings and adopts with the Magistrate’s Report. The Court writes separately, however, to address Petitioner’s objections to the SSRR and to emphasize certain aspects of the case.

II. STANDARD OF REVIEW

A. Petitioner’s Request for Further Oral Arguments

As an initial matter, Petitioner requests that the Court hold independent oral arguments as part of its de novo review of the Magistrate’s SSRR. Petitioner…