Reyes

Reyes v. Vaughn

Good Law

276 F. Supp. 2d 1027·2003 WL 21921280·2003 U.S. Dist. LEXIS 19179

United States District Court, Central District of CaliforniaJuly 31, 2003CV 03-410-SVW AJWCalifornia1,450 words

Opinion

Wilson, J.

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636 (b)(1)(C), the Court has reviewed the entire record in this action, and the attached Report and Recommendation of Magistrate Judge (“Report”). No objections to the Report have been filed within the time allowed. Good cause appearing, the Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

On January 16, 2003, petitioner filed this petition for a writ of habeas corpus by a person in state custody. On May 15, 2003, respondent filed an answer alleging, among other things, that the petition must be dismissed as second or successive. For the following reasons, the petition should be dismissed for lack of jurisdiction.

Background

On November 3, 1995, petitioner was convicted of one count of sexual battery, one count of forcible rape, and one count of assault with great bodily injury. He was sentenced to state prison for a term of 21 years. [Petition at 3].

Petitioner appealed to the California Court of Appeal, which affirmed the judgment on August 13, 1997.…

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