Enrique Hernandez v. W.J. Sullivan

Case 2:18-cv-08221-JLS-LAL Document Filed 07/19/ Page 1 of Page ID #:4264

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 ENRIQUE HERNANDEZ, Case No. LACV 18-8221-JLS (LAL) Petitioner, ORDER ACCEPTING REPORT AND

RECOMMENDATION OF UNITED

v. STATES MAGISTRATE JUDGE W.J. SULLIVAN, Respondent. 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge’s Report and Recommendation, Petitioner’s Objections and the remaining record, and has made a de novo determination. In his Objections, Petitioner appears to refocus his claims for relief pursuant to a change in California law. Specifically, “Senate Bill 1437 amended [California] Penal Code section 188, effective January 1, 2019, and provided that, to be convicted of murder, a person must act with malice aforethought, which ‘shall not be imputed to a person solely on his or her participation in a crime.’” In other words, Senate Bill 1437 “eliminates natural and probable consequences /// 26…