Spector

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the Petition, the other records on file herein, the magistrate judge’s report and recommendation, and petitioner’s objections to the report and recommendation. The Court has engaged in a de novo review of those portions of the report and recommendation to which objections have been made. The Court accepts the recommendations of the magistrate judge.

ACCORDINGLY, IT IS ORDERED:

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE . JUDGE

This Report and Recommendation is submitted to the Honorable S. James Ote-ro, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United States District Court for the Central District of California. For the reasons discussed below, the Magistrate Judge recommends that the Petition for Writ of Habeas Corpus be dismissed with prejudice.

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PROCEDURAL HISTORY

On September 20, 2004, petitioner was charged with murder, in violation of California Penal Code section 187(a). (Clerk’s Transcript [“CT”] 1104). He was also alleged to have personally used a firearm within the meaning of California Penal…