From Casetext: Smarter Legal Research

MOORE v. CATE

United States District Court, S.D. California
Mar 4, 2009
CASE NO. 06cv1782 JM(CAB) (S.D. Cal. Mar. 4, 2009)

Opinion

CASE NO. 06cv1782 JM(CAB).

March 4, 2009


ORDER ADOPTING REPORT AND RECOMMENDATION


On September 8, 2008 Magistrate Judge Bencivengo entered a Report and Recommendation recommending the denial of the petition for writ of habeas corpus ("R R"). The R R, expressly incorporated herein, thoroughly and thoughtfully analyzed Petitioner's claims and recommended denying the petition for writ of habeas corpus. Petitioner has filed objections to the R R ("Objections"). Respondent did not file a reply to the Objections.

In his Objections, Petitioner raises no persuasive argument. The overwhelming thrust of Petitioner's Objections is that the analysis of his claims by the California Court of Appeal was not objectively reasonable and did not constitute harmless error under Brecht v. Abrahamson, 507 U.S. 619 (1993). The R R thoroughly discussed and analyzed the five alleged claims. Instead of responding to Petitioner's arguments a second time, the court adopts the R R in its entirety. The petition for habeas corpus is denied with prejudice.

IT IS SO ORDERED.


Summaries of

MOORE v. CATE

United States District Court, S.D. California
Mar 4, 2009
CASE NO. 06cv1782 JM(CAB) (S.D. Cal. Mar. 4, 2009)
Case details for

MOORE v. CATE

Case Details

Full title:LEONARD MOORE, JR. Petitioner, v. MATTHEW CATE, Secretary of the…

Court:United States District Court, S.D. California

Date published: Mar 4, 2009

Citations

CASE NO. 06cv1782 JM(CAB) (S.D. Cal. Mar. 4, 2009)