Richard Valdez v. Stuart Sherman

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 RICHARD VALDEZ, Case No. SACV 17-1935-GW (AS) Petitioner, ORDER ACCEPTING FINDINGS, v. CONCLUSIONS AND STUART SHERMAN, Warden, RECOMMENDATIONS OF UNITED Respondent. STATES MAGISTRATE JUDGE 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition, all the records herein and the attached Report and Recommendation of United States Magistrate Judge. After having made a de novo determination of the portions of the Report and Recommendation to which Objections were directed, the Court concurs with and accepts the findings and conclusions of the Magistrate Judge. However, the Court addresses certain arguments raised in the Objections below. 25 Respondent argues that the Magistrate Judge failed to properly apply AEDPA deference to the deficient-performance prong of Petitioner’s Strickland claim. (Objections at 5-9). Respondent misconstrues the Report and…