Todd Eric Dalton v. Raymond Madden

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 TODD ERIC DALTON, Case No. EDCV 18-1445-JLS (KK) Petitioner, v. ORDER ACCEPTING FINDINGS

AND RECOMMENDATION OF

RAYMOND MADDEN, Warden, UNITED STATES MAGISTRATE

JUDGE

Respondent. 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for a Writ of Habeas Corpus, the records on file, and the Report and Recommendation of the United States Magistrate Judge. The Court has engaged in de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the findings and recommendation of the Magistrate Judge. In his objections to the Report, Petitioner also requests an evidentiary hearing. However, in habeas proceedings, “an evidentiary hearing is not required on issues that can be resolved by reference to the state court record.” Totten v. Merkle, 137 F.3d 1172, 1176 (9th Cir. 1998); see also Earp v. Ornoski, 431 F.3d 1158, 1173 (9th Cir. 2005). “It is axiomatic that when issues can be…