Francisco Alexander Sanchez v. Robert Neuschmid, No. 2:2018cv02947 - Document 28 (C.D. Cal. 2021)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 24 by Judge Dale S. Fischer. IT IS THEREFORE ORDERED that (1) the Report and Recommendation of the Magistrate Judge is accepted and adopted; (2) Petitioner's request for an evidentiary hearing is denied; and (3) Judgment shall be entered denying the Petition and dismissing this action with prejudice. (es)

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Francisco Alexander Sanchez v. Robert Neuschmid Doc. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 12 FRANCISCO ALEXANDER SANCHEZ, JR., 13 Petitioner, 11 14 15 v. Case No. 2:18-cv-02947-DSF-MAA ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE GIGI MATTESON, Acting Warden, Respondent. 16 17 18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other 20 records on file herein, and the Report and Recommendation (“Report”) of the 21 United States Magistrate Judge. 22 Further, the Court has engaged in a de novo review of those portions of the 23 Report to which Objections have been made. Petitioner’s Objections are identical 24 to the arguments he previously raised in the Traverse. (Compare ECF No. 19 at 6- 25 41 [Traverse]; with ECF No. 27 at 6-41 [Objections]). The Report addressed the 26 arguments that Petitioner raised in the Traverse, to the extent that such arguments 27 were properly raised. The Objections fail to raise new arguments that have not 28 been considered. Dockets.Justia.com 1 IT IS THEREFORE ORDERED that (1) the Report and Recommendation of 2 the Magistrate Judge is accepted and adopted; (2) Petitioner’s request for an 3 evidentiary hearing is denied; and (3) Judgment shall be entered denying the 4 Petition and dismissing this action with prejudice. 5 6 7 8 9 IT IS SO ORDERED. DATED: April 22, 2021 Honorable Dale S. Fischer 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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