Cazares

Cazares v. Brochu

Good Law
United States District Court, Central District of CaliforniaSeptember 25, 20235:18-cv-01191California1,959 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

RAUL OTERO CAZARES, CV 18-1191 DSF (MAA)

Petitioner,

ORDER ACCEPTING

v. AMENDED REPORT AND

ADOPTING FINDINGS,

WARDEN BROCHU, CONCLUSIONS, AND

Respondent. RECOMMENDATIONS OF

UNITED STATES

MAGISTRATE JUDGE, AND

DENYING CERTIFICATE OF

APPEALABILITY

On November 3, 2021, the assigned Magistrate Judge issued a Report and Recommendation recommending the Court deny the 28 U.S.C. § 2254 habeas petition in this case challenging Petitioner’s state-court conviction for raping a 68-year-old woman, referred to as Doe. (Dkts. 1, 81). Counsel filed objections contending, in part, that Petitioner had in fact raised other claims that were not addressed in the Report. (Dkt. 87; Dkt. 95 at 4). The magistrate judge withdrew the initial Report and filed an Amended Report and Recommendation on March 14, 2023, addressing the additional claims. (Dkts. 82, 95). Counsel filed objections to the Amended Report. (Dkt. 99). Respondent replied. (Dkt. 104). Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, Answer, Traverse, the Amended Report, Petitioner’s Objections,…

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