Kory Jon Penn v. Josie Gastelo

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 KORY JON PENN, Case No. 5:19-cv-01266-PSG-MAA Petitioner, ORDER ACCEPTING REPORT V. AND RECOMMENDATION OF

UNITED STATES MAGISTRATE

|| JOSIE GASTELO, Warden, JUDGE Respondent. 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other 18 || records on file herein, and the Report and Recommendation of the United States 19 Magistrate Judge. The Court also has reviewed Petitioner’s objections to the Report and Recommendation, which the Court received and filed on October 2, 2020 22 || (“Objections”). (Objs., ECF No. 13.) As required by Federal Rule of Civil 23 || Procedure 72(b)(3), the Court has engaged in de novo review of the portions of the 24 || Report and Recommendation to which Petitioner specifically has objected. In his Objections, Petitioner asserts that the Magistrate Judge overlooked the 26 || holding of People v. Vargas, 59 Cal. 4th 635 (2014). (Objs. 1). …