Juan T. Tyler v. Luis Martinez

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

JUAN T. TYLER, No. CV 22-08250-FMO (DFM)

Petitioner, Order Accepting Report and Recommendation of United States v. Magistrate Judge

LUIS MARTINEZ, Warden,

Respondent.

Under 28 U.S.C. § 636, the Court has reviewed the Petition, the other records on file herein, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Report and Recommendation (“Report”) recommends denial of the Petition and dismissal of this action with prejudice. (ECF No. 24.) On February 26, 2024, Petitioner’s retained counsel filed Objections to the Report. (ECF No. 27.) As discussed below, the Objections do not warrant a change to the Report’s findings or recommendation. For Grounds One to Four, Petitioner objects that federal review should be de novo because the Los Angeles County Superior Court rejected the claims on procedural grounds rather than on the merits. (ECF No. 27 at 13-16.) The Superior Court rejected…