Summary
rejecting as facially without merit petitioner's challenge to a 1994 juvenile conviction because petitioner had failed to assert that "the state court, without justification, refused to rule on a properly presented constitutional claim, or that evidence of actual innocence is discovered after the time for review has expired, through no fault of petitioner's" as required by the decisions in Coss and Dubrin.
Summary of this case from Mills v. FoulkOpinion
Case No. CV 12-7237-JFW (DTB)
02-05-2014
RAYMONDO SHUJAA COX, Petitioner, v. W.L. MONTGOMERY, Acting Warden, Respondent.
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other records on file herein, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Court accepts the findings and recommendations of the Magistrate Judge.
IT THEREFORE IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice.
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JOHN F. WALTER
UNITED STATES DISTRICT JUDGE