George

George v. ALMAGER

Good Law
674 F. Supp. 2d 1160·2009 WL 3061983·2009 U.S. Dist. LEXIS 88535
United States District Court, Southern District of CaliforniaSeptember 24, 2009Civil 07cv2215 J(POR)California15,245 words

Opinion

Opinion

Jones, J.

ORDER:

(1)ADOPTING THE REPORT AND RECOMMENDATION;

(2)DENYING THE PETITION FOR WRIT OF HABEAS CORPUS; and

(3)DENYING PETITIONER’S REQUEST FOR APPOINTMENT OF COUNSEL

Before the Court is Magistrate Judge Louisa S. Porter’s Report and Recommendation (“R & R”) recommending that the Court deny the Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254 , of Petitioner Richard Earl George. [Doc. No. 15.] This Court has considered the Petition, Respondent’s Answer, Petitioner’s Traverse, Petitioner’s Objections to the R & R, and all the supporting documents the parties have submitted. Having considered the documents, this Court ADOPTS the R & R, DENIES the Petition, and DENIES Petitioner’s request for the ap pointment of counsel for the reasons stated below.

Factual Background

Because the facts as found by the state appellate court are set out in detail in the R & R, the Court will only provide a brief summary here. (See R & R at 1179-83.)

Petitioner was Bertha Ledesma’s boyfriend and pimp. Ledesma was afraid of Petitioner, and at one point wrote a letter stating that if she were found dead, to investigate Petitioner because he had tried to kill her by strangulation. Petitioner…

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