Jorge Gonzalez v. R.C. Johnson

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JORGE GONZALEZ, Case No. CV 19-5318 DSF (PVC)

Petitioner,

ORDER ACCEPTING FINDINGS,

v. CONCLUSIONS AND

RECOMMENDATIONS OF UNITED

R. C. JOHNSON, Warden, STATES MAGISTRATE JUDGE Respondent. 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, the Report and Recommendation of the United States Magistrate Judge, and Petitioner’s Objections. After having made a de novo determination of the portions of the Report and Recommendation to which Objections were directed, the Court concurs with and accepts the findings and conclusions of the Magistrate Judge. 22 In his Objections, Petitioner requests an evidentiary hearing. Section 2254(e)(2), which governs evidentiary hearings under AEDPA, provides in relevant part that when a habeas petitioner failed to develop the factual basis of a claim in state court, a federal district court may not hold an evidentiary hearing…