Charles Craig Clements v. R. Madden

Case 8:14-cv-02002-DDP-JPR Document 196 Filed 03/07/ Page 1 of Page ID #:7720

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 CHARLES CRAIG CLEMENTS, ) Case No. SACV 14-2002-DDP (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE RAYTHEL FISHER, Warden, ) 14 ) Respondent. ) 15 ) 16 The Court has reviewed the Second Amended Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge. See 28 U.S.C. § 636(b)(1). On July 21, 2021, Petitioner objected to the R. & R. Respondent did not reply. As Petitioner argues and the Magistrate Judge acknowledged, this case smells somewhat. The use in the investigation and trial of a well-known confidential informant who may have at least to some degree concocted his claims against Petitioner was unsavory. But the state court and the Magistrate Judge assumed error and simply found that those errors did not meet the applicable tests. Petitioner is understandably upset, but the fact remains that the jury…