Pop

Pop v. Yarborough

Good Law

354 F. Supp. 2d 1132·2005 WL 281220·2005 U.S. Dist. LEXIS 4811

United States District Court, Central District of CaliforniaJanuary 18, 2005CV 03-6487-AHM(PJW)California6,139 words

Opinion

Matz, J.

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the Petition, the records on file, and the Report and Recommendation of United States Magistrate Judge. No objections to the Report and Recommendation have been filed. The Court accepts the Magistrate Judge’s Report and adopts it as its own findings and conclusions.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable A. Howard Matz, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 01-13 of the United States District Court for the Central District of California. For the reasons discussed below, it is recommended that the Petition be denied and the action be dismissed with prejudice.

I. SUMMARY OF PROCEEDINGS

A. State Court Proceedings

In 1988, Petitioner was indicted for the murder of his ex-wife and her new husband. (Answer to Petition for Writ of Habeas Corpus (“Answer”), Exh. B at 148.) In 1990, he was deemed not competent to stand trial and was committed to a state mental hospital. (Clerk’s Transcript (“CT”) 366,…

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