Kelvin Cheung v. California Attorney General

Good Law
United States District Court, Central District of CaliforniaSeptember 16, 20192:18-cv-07935California1,790 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

KELVIN CHEUNG, ) No. CV 18-7935-PSG (PLA) Petitioner, ORDER ACCEPTING FINDINGS, ) CONCLUSIONS AND RECOMMENDATION V. ) OF UNITED STATES MAGISTRATE JUDGE

CALIFORNIA ATTORNEY GENERAL,

16| Respondents. On August 27, 2019, the United States Magistrate Judge issued a Second Report and Recommendation (“Second R&R”), recommending that the Petition be dismissed on the merits 20] with prejudice. (ECF No. 37). On September 10, 2019, petitioner filed Objections to the Second 21] R&R. (ECF No. 38). Petitioner raises thirty-four separate objections, and the Court finds that a substantial 23] number pertain to state law issues, such as alleged violations of procedures regarding state court competency hearings. (See ECF No. 38 at 10-20). Habeas relief, however, is available only to state prisoners who are “in custody in…

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