David Paul Guerrero v. Theresa Cisneros

Case 2:21-cv-00591-CAS-MAA Document Filed 05/10/ Page 1 of Page ID #:886

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DAVID PAUL GUERRERO, Case No. 2:21-cv-00591-CAS (MAA)

Petitioner, ORDER ACCEPTING FINDINGS AND v. RECOMMENDATIONS OF UNITED

STATES MAGISTRATE JUDGE

THERESA CISNEROS, Warden, Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other records on file herein, and the Report and Recommendation (“Report”) of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which objections have been made. Petitioner’s counsel has objected to the Report’s analysis that Ground One is unexhausted due to his failure to present fairly the factual basis of that claim before the state court. (ECF No. 32 at 2-3.) Petitioner’s counsel objects that he should have been permitted to develop the facts in state court because “the state court’s subpoena power would…