Carlos Sandoval v. W. L. Montgomery, No. 2:2022cv01773 - Document 28 (C.D. Cal. 2023)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by District Judge John W. Holcomb for Report and Recommendation (Issued) 27 the Court has considered Petitioner's arguments and concludes that they do not warrant federal habeas relief. It therefore ORDERED as follows: Judgment shall be entered DENYING the Petition for Writ of Habeas Corpus and DISMISSING the action with prejudice. (es)

Download PDF
Carlos Sandoval v. W. L. Montgomery Doc. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 CARLOS SANDOVAL, Petitioner, 11 12 13 14 v. W.L. MONTGOMERY, Warden, Case No. 2:22-cv-01773-JWH (AFM) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Respondent. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of 2 Habeas Corpus, the records on file, and the Report and Recommendation of United 3 States Magistrate Judge. The time for filing Objections to the Report and 4 Recommendation has passed, and no Objection has not been received. The Court 5 ACCEPTS the findings and recommendations of the Magistrate Judge. To the 6 extent that Petitioner argues that the trial court erred with respect to its instructions 7 in response to the jury’s request for guidance regarding Anthony Gonzalez’s 8 testimony, or that Petitioner’s trial counsel was ineffective for failing to object to 9 the trial court’s instructions, see ECF No. 1 at 6, 16, 21, 25, & 28; ECF No. 16 at 2, 10 5, 7, 9, 15, 17, & 18, the Court has considered Petitioner’s arguments and concludes 11 that they do not warrant federal habeas relief. It therefore ORDERED as follows: 12 Judgment shall be entered DENYING the Petition for Writ of Habeas 13 14 Corpus and DISMISSING the action with prejudice. IT IS SO ORDERED. 15 16 17 18 DATED: May 3, 2023 ____________________________________ ________________________ _______ JOHN JOHN W. HOLCOMB HOL LCOMB UNITED NITE ED STATES DISTRICT JUDGE JUD 19 20 21 22 23 24 25 26 27 28 2

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.