Gustavo Hernandez v. Neil McDowell

Good Law
United States District Court, Central District of CaliforniaOctober 14, 20205:17-cv-01786California1,597 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 GUSTAVO HERNANDEZ, Case No. 5:17-cv-01786-PSG (MAA) Petitioner, ORDER ACCEPTING REPORT AND ef SE NS Ne NEIL MCDOWELL, ts Respondent. 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other records on file herein, and the Report and Recommendation (“R&R”) of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the R&R to which objections have been made. For the reasons below, Petitioner’s Objections are overruled. Petitioner objects under Ground One that his right to counsel was violated

because he had no chance to consult privately with his trial counsel during the trial

(“Objections”). (Objs., ECF No. 39, at 3-10.) However, the authorities that

Petitioner has cited, (id., at 4-5), do not support his claim. Petitioner’s citation to

Procunier v. Martinez, 416 U.S. 396, 419-22 (1974), overruled on other grounds by Thornburgh v.…

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