Luis Miguel Muniz v. Bryan D. Phillips

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 Case No. 2:23-cv-05421-SPG-BFM 11 LUIS MIGUEL MUNIZ,

12 Petitioner, ORDER ACCEPTING REPORT AND

RECOMMENDATION OF UNITED

13 v. STATES MAGISTRATE JUDGE

14

BRYAN D. PHILLIPS,

15

16 Respondent.

17 18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed Petitioner Luis Miguel Muniz’s 20 (“Petitioner”) Petition for Writ of Habeas Corpus by a Person in State Custody, (ECF No. 1 21 (“Petition”)), the records on file, the Report and Recommendation of the United States 22 Magistrate Judge, (ECF No. 22 (“Report”)), and Petitioner’s Opposition to the Report and 23 Recommendation, (ECF No. 24 (“Objections”)). The Court has made de novo 24 determinations as to the portions of the Report to which Petitioner objects. The Report 25 recommends denial of the Petition because the claims are untimely or otherwise not 26 cognizable as federal habeas claims. (R. & R. at 5). For the following reasons, Petitioner’s 27 Objections do not warrant a change to the Report’s…