Franklin
Franklin v. Santoro
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 D’MARE ATTE FRANKLIN, Case No.: 18cv2788-AJB-LL
Petitioner,
ORDER:
v. (1) ADOPTING REPORT AND RALPH DIAZ, RECOMMENDATION, (Doc. No. 15), Respondent. (2) DENYING PETITION, (Doc. No. 16 1), AND 17 (3) DENYING CERTIFICATE OF
APPEALABILITY
19 Presently before the Court is Petitioner D’Mare Atte Franklin’s (“Petitioner”) petition for writ of habeas corpus (“Petition”) pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) Respondent Ralph Diaz (“Respondent”) filed an answer to the Petition, (Doc. No. 10), and Petitioner filed a traverse. (Doc. No. 12.) The Court referred the matter to the Honorable Linda Lopez, Magistrate Judge, who issued a Report and Recommendation (“R&R”) recommending the Court deny the Petition. (Doc. No. 15.) The parties were instructed to file written objections by August 20, 2019, and replies by September 10, 2019. (Id. at 21.) Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district…