Hassaun Cecil Haygood v. J. Gastelo

• Court: District Court, C.D. California
• Decided: January 9, 2020
• Docket: 5:19-cv-01527
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 HASSAUN CECIL HAYGOOD, ) Case No. 5:19-cv-01527-CAS-JC ) 12 ) (PROPOSED) Petitioner, ) 13 ) ORDER ACCEPTING FINDINGS, v. ) CONCLUSIONS, AND 14 ) RECOMMENDATIONS OF J. GASTELO, ) UNITED STATES MAGISTRATE 15 ) JUDGE ) 16 Respondent. ) ________________________________ 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of 19 Habeas Corpus (“Petition”) and accompanying documents, the August 21, 2019 20 Order to Show Cause and petitioner’s Response thereto, and all of the records 21 herein, including the December 18, 2019 Report and Recommendation of United 22 States Magistrate Judge (“Report and Recommendation”), and petitioner’s 23 objections to the Report and Recommendation (“Objections”). The Court has 24 further made a de novo determination of those portions of the Report and 25 Recommendation to which objection is made. To the extent petitioner contends he 26 is entitled to an evidentiary hearing, this contention lacks merit. See Tapia v. Roe, 27 189 F.3d 1052, 1058 (9th Cir. 1999) (petitioner not entitled to evidentiary hearing 28 1 | because allegations, if proven, would not entitle him to relief). The Court concurs 2 || with and accepts the findings, conclusions, and recommendations of the United 3 || States Magistrate Judge and overrules the Objections. 4 IT IS HEREBY ORDERED that the Petition and this action are dismissed 5 || with prejudice because petitioner’s claims are time-barred and that Judgment be 6 || entered accordingly. 7 IT IS FURTHER ORDERED that the Clerk serve copies of this Order and 8 || the Judgment herein on petitioner and any counsel for respondent. 9 10 DATED: January 9, 2020 11 fe 12 bh pis ff : 13 HONORABLE CHRISTINA A. SNYDER SENIOR UNITED STATES DISTRICT JUDGE

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