-MRW Kesshawn Nelson v. George A Neotti, No. 2:2011cv02721 - Document 25 (C.D. Cal. 2012)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge S. James Otero. IT IS ORDERED that Judgment be entered DENYING the petition and DISMISSING this action with prejudice. Report and Recommendation (Issued) 23 (vm)
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-MRW Kesshawn Nelson v. George A Neotti Doc. 25 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 KESSHAWN NELSON, ) ) Petitioner, ) vs. ) ) GEORGE NEOTTI, Warden, ) ) Respondent. ) ___________________________ ) Case No. CV 11-2721 SJO (MRW) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 18 Pursuant to 28 U.S.C. § 636, the Court reviewed the petition, the records on 19 file, and the Report and Recommendation of the United States Magistrate Judge. 20 Further, the Court has engaged in a de novo review of those portions of the Report 21 to which Respondent has objected. Respondent objects on the ground that the Report does not analyze whether 22 23 Petitioner’s claims are barred on retroactivity grounds under Teague v. Lane, 489 24 U.S. 288, 310 (1989). Because the Court does not recommend granting habeas 25 relief on any ground here, it is not necessary to address Respondent’s Teague 26 argument. See Leavitt v. Arave, 383 F.3d 809, 816 (9th Cir. 2004) (“If a state 27 properly argues that the district court granted a habeas petition on the basis of a 28 new rule of constitutional law that is Teague-barred, we must address the Teague Dockets.Justia.com 1 issue first.” (citing Horn v. Banks, 536 U.S. 266, 267 (2002) (per curiam)) 2 (emphasis added). The Court accepts the findings and recommendation of the 3 Magistrate Judge. 4 IT IS ORDERED that Judgment be entered denying the petition and 5 dismissing this action with prejudice. 6 7 8 9 May 20, 2012. DATE: ______________ ___________________________________ HON. S. JAMES OTERO UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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