Penton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Anthony PENTON, Case No.: 06-cv-00233-WQH-PCL Petitioner, ORDER v. Scott KERNAN, Warden, Respondent. HAYES, Judge: The matter before the Court is the Petitioner’s Objections (ECF No. 66) to the Report and Recommendation (ECF No. 36) of the Magistrate Judge, recommending that the Court deny Petitioner’s Writ of Habeas Corpus. BACKGROUND On January 31, 2006, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. On October 6, 2006, Petitioner filed a First Amended Petition presenting only his exhausted claims. (ECF No. 21). On March 28, 2007, Respondents filed an Answer to the Petition. On August 31, 2007, the Magistrate Judge issued a Report and Recommendation recommending that this Court deny Petitioner’s Writ of Habeas Corpus. (ECF No. 36). The Magistrate Judge recommended that the Court deny the claims that a new trial should have been…