Elliot D. Jackson v. Kelly Santoro

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ELLIOT D. JACKSON, Case No. CV 19-5754 GW (PVC) Petitioner,

ORDER ACCEPTING FINDINGS,

v. CONCLUSIONS AND

RECOMMENDATIONS OF UNITED

KELLY SANTORO, Warden, STATES MAGISTRATE JUDGE Respondent. 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Operative Petition, Respondent’s Motion to Dismiss, all of the records and files herein, the Magistrate Judge’s Report and Recommendation, and Petitioner’s Objections. 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. 23 In the Objections, Petitioner contends in part that his unexhausted claims should be deemed technically exhausted because they are “procedurally barred under state law” and consequently, any attempt to present them to the California Supreme Court would be futile. (Obj. at 3). This…