Sirhan

ORDER RE: ACCEPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND DENYING PETITION FOR WRIT OF HABEAS CORPUS

I. INTRODUCTION

“This case may be the final chapter in an American tragedy.” (Dkt. No. 215 at 1.) Petitioner Sirhan B. Sirhan asks this Court to sustain his objections to the Magistrate Judge’s Report and Recommendations filed in his case and hold an evidentiary hearing based upon his claim of actual innocence. This Court conducted a de novo review of Petitioner’s objections. As explained below, Petitioner has failed to meet his burden of establishing actual innocence. Likewise, Petitioner has failed to demonstrate that he falls within the narrow exception warranting an evidentiary hearing at this stage. Accordingly, Petitioner’s objections are hereby OVERRULED.

II. PROCEDURAL HISTORY

On May 25, 2000, Sirhan B. Sirhan (“Petitioner”) filed a habeas corpus petition in the United States District Court for the Central District of California, Western Division. (Dkt. No. 1.) The matter was assigned to Magistrate Judge Andrew J. Wistrich. (Dkt. No. 2.) On August 18, 2000, District Judge Consuelo B. Marshall *1079 denied Petitioner’s motion to recuse all district…