Nazario Cruz Sanchez v. S. Frauenheim

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 NAZARIO CRUZ-SANCHEZ, ) Case No. SACV 17-1310-FMO (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE MONA D. HOUSTON, Warden, ) 14 ) Respondent. ) 15 ) 16 17 The Court has reviewed the First Amended Petition, records 18 on file, and Report and Recommendation of U.S. Magistrate Judge. 19 See 28 U.S.C. § 636(b)(1). On February 3, 2020, Petitioner filed 20 objections to the R. & R., in which he mostly simply repeats 21 arguments from his FAP and Reply. He also contends that the 22 Magistrate Judge “overlooked” Spano v. New York, 360 U.S. 315, 23 322 (1959), on which he relies. (Objs. at 2.) To the contrary, 24 she distinguished that case on its facts and recognized that the 25 state court of appeal had done so as well. (See R. & R. at 24 26 n.7.) The Magistrate Judge did not err in concluding that the 27 circumstances of Petitioner’s interrogations did not render his 28 limited confession involuntary. (See id. at 23-31.) 1 1 Having reviewed de novo all…