Opinion
5:17-cv-01812-PSG (SHK)
02-17-2022
RAYMOND GRIFFIN, Petitioner v. NEIL MCDOWELL, Warden Respondent
ORDER ACCEPTING FINDIGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
HONORABLE PHILIP S. GUTIERREZ, CHIEF UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the relevant records on the, and the Report and Recommendation of the United States Magistrate Judge ("R&R"). The Court has engaged in de novo review of those portions of the Report to which Plaintiff has objected. The Court accepts the findings and recommendation of the Magistrate Judge with the following amendment to the R&R:
Lines 24-28, page 10 of the R&R is amended to read as follows: "Thus, even if those witnesses had been called to testify about seeing two unknown men leaving the area after the gunshots, without more[.] the Courts finds that there is not a reasonable probability that the result of the trial would have been different in light of the detailed and specific evidence implicating Petitioner in the killings."
IT IS THEREFORE ORDERED that the Petition be DENIED and that Judgment be entered dismissing this action with prejudice.