Gabriel Gonzalez Gallegos v. Domingo Uribe, Jr., No. 5:2010cv01797 - Document 25 (C.D. Cal. 2012)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE AND GRANTING PETITIONER'S MOTION TO LODGE TRANSCRIPT by Judge Dolly M. Gee for Report and Recommendation 22 . (See document for details.) IT THEREFORE IS ORDERED that Petitioner's Motion to Lodge Transcripts be GRANTED and that Judgment be entered DENYING the Petition and dismissing this action with prejudice. (rla)
Download PDF
<![CDATA[
Gabriel Gonzalez Gallegos v. Domingo Uribe, Jr. 1 Doc. 25 2 I HEREBY CERTIFY mAT THIS DOCUMENT WAS SERVED B'l. _ FIRST CLASS MAIL POSTAGE PREPAID, TO fli± eOtlli:SEL {OR PARTIES) AT THEIR RESPECTIVE MOST RECENT ADDRESS OF RECORD IN THIS ACTION ON THIS DATE. 3 DATED: 4 DEPUTY GlfRK 3 \ '2.. • \ '2.. ' \ "--: FILED • SOUTHERN t)IVISION CLERK, US DISTRICT COURT • ??? DEC I 2 2012 CENTRAL DISTRICT OF CALIFORNIA BY DEPUTY 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 GABRIEL GONZALEZ GALLEGOS, Petitioner, 11 12 13 14 Case No. EDCV 10-1797-DMG (JPR) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE AND GRANTING PETITIONER'S MOTION TO LODGE TRANSCRIPT vs. DOMINGO URIBE JR., Warden, Respondent. 15 16 Pursuant to 28 u.s.c. § 636, the Court has reviewed the 17 Petition, all the records and files of this case, and the Report 18 and Recommendation of the U.S. Magistrate Judge. 19 2012, Petitioner filed Objections to the Magistrate Judge's 20 Report and Recommendation, in which Petitioner primarily repeats 21 some of the arguments in the Petition and Reply, as well as a 22 Motion for Leave to Lodge Transcripts. 23 the Court lodge and review the April 22, 2008 transcript of 24 Petitioner's state-court Marsden hearing, which was not lodged by 25 Respondent with his Answer. 26 portions of the Report and Recommendation to which Petitioner 27 objected as well as the April 22, 2008 transcript. 28 On August 15, The motion requests that The Court has reviewed de novo those Although the Court has ordered that transcript lodged and 1 Dockets.Justia.com 1 has reviewed it, nothing in it changes the analysis in the Report 2 3 and Recommendation because the Magistrate Judge accepted as true 4 hearing. 5 6 undermines Petitioner's arguments. 7 to go forward, counsel acknowledged only that he was "still not 8 prepared" because the government's ballistics tests were not yet 9 ready and Petitioner would not agree to waive time despite his Petitioner's representations concerning what was said during that (See Rep. & Rec. at 13.) If anything, the transcript As to his claim that his counsel admitted three days before trial that he was not prepared 10 lawyer's advice that the results of the tests might prove 11 helpful. 12 he had been busy with other cases "up until last week" but had 13 since then been investigating Petitioner's case and preparing for 14 trial. 15 the record demonstrates that counsel clearly invested significant 16 time and effort in defending Petitioner. 17 As to Petitioner's claim that counsel failed to investigate 18 Petitioner's allegations that various people, including the 19 victims and their friends, had been threatening him in the weeks 20 before trial, counsel explained that he had attempted to contact 21 the alleged witnesses and "[t]hey all refused to speak to my 22 investigator or my office." 23 ("he doesn't understand the witnesses he's telling me to 24 investigate doesn't [sic] want to cooperate").) (Hr'g Tr. 7, Apr. 22, 2008.) (Id. at 6.) Counsel acknowledged that As the Report and Recommendation points out, (Rep. & Rec. at 13.) (Hr'g at 6; see also id. at 7, 8 25 26 27 28 2 1 2 3 4 5 Having reviewed the Petition, the Court concurs with and accepts the Magistrate Judge's recommendations. ORDERED that Petitioner's Motion to Lodge Transcripts be GRANTED and that Judgment be entered DENYING the Petition and dismissing this action with prejudice. 6 7 8 9 IT THEREFORE IS DATED: December 11, 2012 DOLLY M. GEE U.S. DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
