Garey Lee Smith v. Josie Gastelo

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 GAREY LEE SMITH, Case No. EDCV 19-338-MWF (KK) Petitioner, v. ORDER ACCEPTING FINAL

FINDINGS AND RECOMMENDATION

JOSIE GASTELO, Warden, OF 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 Final Report and Recommendation of the United States Magistrate Judge. The Court has engaged in de novo review of those portions of the original Report and Recommendation of the United States Magistrate Judge to which Petitioner has objected. The Court accepts the final findings and recommendation of the Magistrate Judge. In his objections to the original Report and Recommendation of the United States Magistrate Judge, 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,…