Cook

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF JUDGMENT FOR RESPONDENT

On October 7, 2002, the United States Magistrate Judge recommended that the court deny petitioner’s petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 .

On November 7, 2002, petitioner timely filed objections to the recommendation.

The court has reviewed the record herein de novo and concurs with the recommendation.

ACCORDINGLY, IT IS ORDERED that petitioner’s petition for writ' of habeas corpus is denied.

■ JUDGMENT FOR RESPONDENT TO BE ENTERED

FINDINGS AND RECOMMENDATION

RE: PETITION FOR WRIT OF HABEAS CORPUS

(Document No. 1)

Petitioner is a state prisoner, represented by Stephen Greenberg, Esq., proceeding with a petition for writ of habéas corpus pursuant to 28 U.S.C. § 2254 . Pursuant to 28 U.S.C. § 686 (b)(1) and Local Rule 72-302, this action was referred to the undersigned by order dated July 30, 2002.

PROCEDURAL HISTORY

Petitioner is in custody of the California Department of Corrections serving a sentence of life without the possibility of parole pursuant to a judgment of the Superi- or Court of California, County of Kern, entered on September 19,…