Alejandro Borges v. Raythel Fisher

Case 2:21-cv-06238-VAP-KK Document Filed 03/10/ Page 1 of Page ID #:1485

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 ALEJANDRO BORGES, Case No. CV 21-6238-VAP (KK) Petitioner, v. ORDER ACCEPTING FINDINGS

AND RECOMMENDATION OF

RAYTHEL FISHER, Warden, UNITED STATES MAGISTRATE

JUDGE

Respondent. 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for a Writ of Habeas Corpus, the records on file, and the Report and Recommendation of the United States Magistrate Judge. The Court has engaged in de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the findings and recommendation of the Magistrate Judge. In his objections to the Report, Petitioner also requests an evidentiary hearing. However, in habeas proceedings, “an evidentiary hearing is not required on issues that can be resolved by reference to the state court record.” Totten v. Merkle, 137 F.3d 1172, 1176 (9th Cir. 1998); see also Earp v.…