Gregory Bernard Lacy v. J. A. Lizarraga

O

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

GREGORY BERNARD LACY, Case No. 5:19-cv-00583-DDP (KES)

Petitioner,

v. ORDER ACCE PTING FINDINGS AND

J.A. LIZARRAGA, Warden, RECOMMENDATIONS OF UNITED

Respondent. STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other

records on file herein, and the Report and Recommendation of the United States

Magistrate Judge. Further, the Court has engaged in a de novo review of those

portions of the Report and Recommendation to which objections have been made. The Court accepts the findings and recommendations of the Magistrate Judge. Respondent objects that, with respect to Counts 4, 5, and 6, Petitioner has not shown prejudice from the constitutional errors described in the Report and Recommendation. (See Dkt. 39 at 5, 14.) On collateral review, however, Respondent has the burden to show harmlessness. See Mays v. Clark, 807 F.3d 968, 980…