Jeremiah Banks v. Kathleen Allison

Case 5:21-cv-00051-JWH-JPR Document Filed 04/26/ Page 1 of Page ID #:961

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JEREMIAH BANKS, ) Case No. EDCV 21-0051-JWH (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE DAVID HOLBROOK, Warden, ) 14 ) Respondent. ) 15 ) 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:21-cv-00051-JWH-JPR Document Filed 04/26/ Page 2 of Page ID #:962

The Court has reviewed the Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge. See 28 U.S.C. § 636(b)(1). Petitioner filed objections to the R. & R. on October 27, 2021; Respondent did not reply. Most of Petitioner’s objections raise arguments that were convincingly rejected in the R. & R., particularly concerning why grounds one and two of the Petition must be dismissed with prejudice. For example, he contends that the R. & R. erroneously concluded that his Confrontation Clause claim in ground two was procedurally barred because the trial court…