Marco Antonio Casillas v. Ken Clark

• Court: District Court, C.D. California
• Decided: August 10, 2023
• Docket: 2:21-cv-01267
• Status: Unknown

Opinion

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4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8

9 10 MARCO ANTONIO CASILLAS, Case No. 2:21-cv-01267-SPG (MAR) 11 Petitioner, 12 v.

13 KEN CLARK, ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF 14 Respondent. UNITED STATES MAGISTRATE JUDGE 15 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for a Writ of 18 Habeas Corpus, the records on file, and the Report and Recommendation of the 19 United States Magistrate Judge. The Court has engaged in de novo review of those 20 portions of the Report to which Respondent and Plaintiff have objected. The Court 21 accepts the findings and recommendation of the Magistrate Judge. 22 Within Claim Four, Petitioner has presented an argument pursuant to Miranda 23 v. Arizona, 384 U.S. 436 (1966), ECF No. 1 at 10, ECF No. 1-5 at 14-17, which was 24 not explicitly addressed in the Report and Recommendation. The Court has 25 considered Petitioner’s argument and finds it does not warrant federal habeas relief. 26 Even if the Court were to assume, without deciding, that police elicited statements 27 from Petitioner in violation of Miranda, any alleged error is harmless under the 1 | 2002), as amended (Mar. 11, 2002) (“The erroneous admission of statements taken in 2 | violation of a defendant’s Fifth Amendment rights is subject to harmless error 3 | analysis.’”’). 4 IT IS THEREFORE ORDERED that Judgment be entered (1) denying the 5 | Petition for a Writ of Habeas Corpus; and (2) dismissing this action with prejudice. 6 7 | Dated: August 10, 2023 8 9 _L-——_ LE SHERILYN PEACE GARD ETT 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28