Arthur Errol Klein v. David Holbrook

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 10 ARTHUR ERROL KLEIN, Case No. 2:22-cv-01236-AB (MAA)

Petitioner, ORDER ACCEPTING FINDINGS AND v. RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DAVID HOLBROOK, Warden, Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, and the Report and Recommendation (“Report”) of the United States Magistrate Judge. (ECF No. 12.) Further, the Court has engaged in a de novo review of those portions of the Report to which objections have been made. The Report recommends the denial of habeas relief for Petitioner’s claim that the evidence was insufficient to support his conviction for second-degree murder under a theory of implied malice. (ECF No. 12.) For the following reasons, Petitioner’s Objections to the Report (ECF No. 13) do not warrant a change to the Magistrate Judge’s findings or recommendation. Petitioner objects that, under the objective test for implied malice, it…