Murr

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

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the Petition for Writ of Ha beas Corpus, all of the records herein, the Report and Recommendation of United States Magistrate Judge, Respondent’s Objections (“Objections”), and Petitioner’s Response to Respondent’s Objections. The Court has conducted a de novo review of those matters to which objections have been made.

Respondent argues that, to the extent the Magistrate Judge’s conclusion that the Governor’s decision is not supported by “some evidence” rests on the absence of a nexus between Petitioner’s commitment offense and his current dangerousness, the Magistrate Judge is applying state law rather than clearly established federal law. (See Objections at 4-8). The Court rejects this argument. The Magistrate Judge applied the “some evidence” standard set forth by the Supreme Court in Superintendent v. Hill, 472 U.S. 445 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985), which constitutes the clearly established federal law in this area. Pursuant to Irons v. Carey, 505 F.3d 846, 851 (9th Cir. 2007), the Court “must look to California law to…