Peter Ivan McNeal v. Dean Borders

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 PETER IVAN McNEAL, ) Case No. CV 18-6964-JGB (JPR) 11 ) Petitioner, ) ORDER ACCEPTING FINDINGS AND 12 ) RECOMMENDATIONS OF U.S. v. ) MAGISTRATE JUDGE 13 ) JAMES HILL, Acting Warden, ) 14 ) Respondent. ) 15 ) ) 16 17 The Court has reviewed the Petition, records on file, and 18 Report and Recommendation of U.S. Magistrate Judge, which 19 recommends that judgment be entered denying the Petition and 20 dismissing this action with prejudice. See 28 U.S.C. 21 § 636(b)(1). On April 15, 2021, Petitioner filed Objections to 22 the R. & R., in which he largely reiterates the arguments raised 23 in his Petition and Traverse. A few of his contentions warrant 24 discussion, however.1 25 I. Insufficient Evidence 26 Petitioner argues that in denying his insufficient-evidence 27 28 1 Respondent has not responded to the Objections. 1 1 claim, the Magistrate Judge “overlook[ed]” that I.P. testified 2 that she did not immediately disclose that Petitioner had 3 assaulted her during the 2009 Thanksgiving party to either her…