William Burch v. Charles W. Callahan

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 WILLIAM BURCH, ) Case No. CV 18-5899-FMO (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE

CHARLES W. CALLAHAN, )

14 Warden, ) ) 15 Respondent. ) 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, proposed First Amended Petition,1 records on file, and Report and Recommendation of U.S. Magistrate Judge. On November 19, 2020, Petitioner, through counsel, filed objections to the R. & R. Respondent did not respond to the objections or file any of his own. Petitioner’s objections mostly simply repeat arguments from his motion for leave to amend and reply, continuing to conflate procedural default with the AEDPA time bar and postconviction and 26 Petitioner mistakenly filed the proposed First Amended Petition as a separate document instead of lodging it or attaching it as an exhibit to his motion for leave to amend. 1 collateral review with direct appeal. For…