Peter Ivan McNeal v. Dean Borders

Good Law
United States District Court, Central District of CaliforniaJune 11, 20212:18-cv-06964California2,227 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT 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 The Court has reviewed the Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge, which recommends that judgment be entered denying the Petition and dismissing this action with prejudice. See 28 U.S.C. § 636(b)(1). On April 15, 2021, Petitioner filed Objections to the R. & R., in which he largely reiterates the arguments raised in his Petition and Traverse. A few of his contentions warrant discussion, however.1 I. Insufficient Evidence Petitioner argues that in denying his insufficient-evidence 27 1 Respondent has not responded to the Objections. 1 claim, the Magistrate Judge “overlook[ed]” that I.P. testified that she did not immediately disclose that Petitioner had assaulted her during the 2009 Thanksgiving party to either her…

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