Philip Jones v. R.T.C. Grounds

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

7 8 PHILIP JONES, ) Case No. CV 13-7792-JWH (JPR) ) Petitioner, ) ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. ) MAGISTRATE JUDGE KELLY SANTORO,1 Warden, ) ) Respondent. ) ) The Court has reviewed the Second Amended Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge, which recommends that judgment be entered denying the SAP and dismissing the action with prejudice. See 28 U.S.C. § 636(b)(1). Petitioner filed objections to the R. & R. on June 16, 2021; Respondent did not reply. Most of Petitioner’s objections simply reargue points made in his SAP and Traverse. A few warrant discussion, however. To show deficient performance by his trial counsel, he again points to counsel’s testimony during the evidentiary hearing that he did not “investigate a mental state defense.” (Objs. at 2.) As he argues, in many…