Pham v. Subia

Full title: VING QUANG PHAM, Petitioner, v. RICHARD SUBIA, Warden, Respondent.

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

Date published: Apr 1, 2009

07-CV-1736 H (WMc) (S.D. Cal. Apr. 1, 2009)

Opinion

VING QUANG PHAM, Petitioner, v. RICHARD SUBIA, Warden, Respondent. No. 07-CV-1736 H (WMc). United States District Court, S.D. California. April 1, 2009

          ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING THE PETITION FOR HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254

          MARILYN L. HUFF, District Judge.

         On August 31, 2007, Petitioner, Ving Quang Pham filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner claims his federal constitutional rights were violated because: (1) the trial court's joinder of charges from separate incidents denied him a fundamentally fair trial; and (2) the trial court admitted evidence based on an illegal search and seizure. (Pet. At 6-9). On November 7, 2009 the Court issued an order requiring response to petition. On January 3, 2008, Respondent filed an answer to the petition (Doc. No. 7).

         After reviewing the Petition, Respondent's Answer and Memorandum of Points and Authorities, and all supporting documents submitted by the parties, and the Report and Recommendation of the Magistrate Judge, the Court adopts the Report and Recommendation, and denies the petition.

         IT IS SO ORDERED.