Hayes

ORDER ADOPTING THE REPORT AND RECOMMENDATION; DENYING PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE and DIRECTING ENTRY OF JUDGMENT

Laquan A. Hayes, a pro se state prisoner, seeks a writ of habeas corpus under 28 U.S.C. § 2254 . The case was referred to Magistrate Judge Louisa S. Porter for Report and Recommendation (“Report”). The parties were given time in which to file objections to the Report. Neither party has filed objections nor sought an extension of time in which to file objections. Having reviewed the petition and the parties’ submissions, the Court enters the following decision.

The duties of the district court in connection with a magistrate judge’s Report and Recommendation are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 686 (b)(1). The district court must “make a de novo determination of those portions of the report ... to which objection is made,” and “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636 (b) (1); United States v. Remsing, 874 F.2d 614, 617 (9th Cir.1989); see also Wilkins v. Ramirez, 455 F.Supp.2d 1080, 1088 (S.D.Cal.2006). But when…