Johnny Louis Ramirez v. Clark E Ducart

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10

JOHNNY LOUIS RAMIREZ, ) NO. EDCV 15-2054-VAP (AGR)

) 12 Petitioner, ) ) 13 v. ) ) ORDER ACCEPTING FINDINGS 14 CLARK E DUCART, Warden, ) AND RECOMMENDATION OF ) MAGISTRATE JUDGE 15 Respondent. ) ) 16 ) ) 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition for Writ of Habeas Corpus, the other records on file herein, the Report and Recommendation (“Report”) of the United States Magistrate Judge and the Objections. Further, the Court has engaged in a de novo review of those portions of the Report to which objections have been made. The Court accepts the findings and recommendation of the Magistrate Judge. Petitioner argues that the Report’s discussion of Ground One is legally incorrect under McCoy v. Louisiana, 138 S. Ct. 1500 (2018). (Report at 17-21.) In McCoy, the Supreme Court held that “a defendant has the right to insist that counsel refrain from admitting guilt, even when counsel’s experience-based view 28…