Thompson

Thompson v. Woodford

Good Law

619 F. Supp. 2d 1028·2007 WL 2410071·2007 U.S. Dist. LEXIS 60912

United States District Court, Southern District of CaliforniaAugust 17, 2007Civil 06CV1758 JAH (NLS)California15,722 words

Opinion

Houston, J.

ORDER (1) OVERRULING PETITIONER’S OBJECTIONS; (2) ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; AND (3) DENYING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

Petitioner Travis Ray Thompson (“Petitioner”) a prisoner appearing pro se, has filed a petition for writ of habeas corpus challenging his conviction pursuant to 28 U.S.C. § 636 (b)(1) and CivLR HC.2. The Honorable Nita L. Stormes, United States Magistrate Judge, submitted a Report and Recommendation (“Report”) on March 21, 2007, recommending that the instant Petition be denied in its entirety. Petitioner filed Objections to the Report on June 7, 2007. Respondent did not file a Reply to Petitioner’s Objections. Having fully reviewed the matters presented, this Court OVERRULES Petitioner’s Objections; ADOPTS the Report, and DENIES the Petition for writ of habeas corpus relief on the merits.

BACKGROUND

On January 5, 2004, Petitioner was charged with assault with a deadly weapon by means likely to produce great bodily injury, a felony in violation of Cal.Penal Code section 245(A)(1). (Lodgment No. 1, Clerk’s Tr. at 7). The information alleged that Petitioner personally used a deadly weapon, a razor and/or shank, in…

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