Ulises Gutierrez v. Brian Cates

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ULISES GUTIERREZ, Case No. 2:22-cv-08112-PA-KES

Petitioner,

ORDER ACCEPTING REPORT AND

v.

RECOMMENDATION OF U.S.

BRIAN CATES, Warden, MAGISTRATE JUDGE

Respondent.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (Dkt. 1),

the other records on file herein, and the Report and Recommendation of the U.S.

Magistrate Judge (Dkt. 13). Further, the Court has engaged in a de novo review of

those portions of the Report and Recommendation to which objections (Dkt. 17) have been made. The Court accepts the report, findings, and recommendations of the Magistrate Judge. However, for the reasons that follow, the Court clarifies the Report and Recommendation’s finding (see Dkt. 13 at 19-21) that Petitioner’s right to counsel under Massiah v. United States, 377 U.S. 201 (1964) was not violated because the informants questioned Petitioner before the initiation of formal adversarial proceedings against him. …