Solomon Martin Ruiz v. Johnson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION 10 11 SOLOMON MARTIN RUIZ, Case No. EDCV 20-2494-CJC (AS) 12 Petitioner, ORDER ACCEPTING FINDINGS, 13 v. CONCLUSIONS AND 14 WARDEN JOHNSON, RECOMMENDATIONS OF UNITED 15 Respondent. STATES MAGISTRATE JUDGE 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 18 Petition, all the records herein and the attached Report and 19 Recommendation of United States Magistrate Judge. After having 20 made a de novo determination of the portions of the Report and 21 Recommendation to which Objections were directed, the Court concurs 22 with and accepts the findings and conclusions of the Magistrate 23 Judge. However, the Court addresses the argument raised in 24 Petitioner’s Objections below. 25 26 Petitioner argues that the Magistrate Judge erred by 27 neglecting to consider his contention that the state court violated 28 due process by declining to resentence him in accordance with 1…