Opinion
Case No. CV 12-08287 MCS (RAO)
11-18-2020
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records and files herein, and the Magistrate Judge's Report and Recommendation. Further, the Court has engaged in a de novo review of those portions of the Report to which objections were directed. The Court hereby accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge.
IT IS ORDERED that Grounds One, Three, and Four are dismissed with prejudice.
IT IS FURTHER ORDERED that the Magistrate Judge hold an evidentiary hearing regarding Petitioner's claim under Ground Two that trial counsel rendered ineffective assistance by failing to interview and call witnesses Garrison and Ward and that the remaining claims under Ground Two be dismissed with prejudice. DATED: November 18, 2020
/s/_________
MARK C. SCARSI
UNITED STATES DISTRICT JUDGE