Sang Min Kim v. Matthew Cate et al, No. 2:2012cv00037 - Document 37 (C.D. Cal. 2013)
Court Description: ORDER ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE by Judge Gary A. Feess for Report and Recommendation 33 . (See document for details.) IT IS ORDERED that: 1. The Objections are overruled and the Court accepts the findings and recommendation of the R and R. 2. Judgment shall be entered denying the First Amended Petition and dismissing this action with prejudice. 3. All pending motions are denied as moot and terminated. (rla)
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Sang Min Kim v. Matthew Cate et al Doc. 37 1 FILED - SOUTHERN DIVISION CLERK, U.S. DISTRICT COURT 2 3 4 CENTRALDISTRlCT-OFCAllFOJlNIA BY < \'\;,t DEPUTY ...- - - - - - - 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 SANG MIN KIM, Petitioner, 13 14 15 16 17 v. Case No. CV 12-00037 GAF (AN) ORDER ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MATTHEW CATE, Secretary CDCR, et al., Respondents. 18 Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the file, including the 19 Magistrate Judge's Report and Recommendation ("R&R") and Petitioner's Objections 20 [36]. Further, the Court has completed a de novo review of those portions of the R&R 21 to which Petitioner has objected. 22 Based on its review, the Court finds the Objections reiterate arguments made in 23 the First Amended Petition, and those arguments were correctly rejected in the R&R. 24 Additionally, as to Petitioner's insufficient evidence claims, he has used his Objections 25 to continue his efforts to re-try his case by highlighting evidence ostensibly favorable 26 to the defense and attempting to contradict inferences drawn by the jury. The Court, 27 therefore, reiterates the finding in the R&R that a reviewing court "faced with a record 28 of historical facts that supports conflicting inferences must presume - even if it does Dockets.Justia.com 1 not affirmatively appear in the record- that the trier of fact resolved any such conflicts 2 in favor ofthe prosecution, and must defer to that resolution." Jackson v. Virginia, 443 3 U.S. 307, 326, 99 S. Ct. 2781 (1979). 4 IT IS ORDERED that: 5 1. The Objections are overruled and the Court accepts the findings and 6 recommendation of the R&R. 7 2. Judgment shall be entered denying the First Amended Petition and 8 dismissing this action with prejudice. 9 10 11 3. All pending motions are denied as moot and terminated. IT IS FURTHER ORDERED that the clerk of the Court shall serve a copy of this Order and the Judgment on all counsel or parties of record. 12 13 14 Dated: February 27, 2013 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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