Dale Ray Hurd v. Ralph Diaz

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DALE R. HURD, ) Case No. CV 20-3715-CJC (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE RALPH DIAZ, CDCR Secretary, ) 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 the action with prejudice. See 28 U.S.C. § 636(b)(1). Petitioner filed objections to the R. & R. on October 4, 2021; Respondent did not reply. Most of Petitioner’s objections simply reargue points made in his Petition. A few warrant discussion, however. Petitioner argues that the state court of appeal’s reasoned decision rejecting his second ground for relief — that he was denied the right to testify in his own defense by the exclusion of his testimony about his wife’s alleged statements (see Pet. at 6; id., Mem. P. & A. at 53-64)1 — is entitled to no deference because the court…