Opinion
No. LA CV 17-01592-VBF-DFM
01-22-2019
JAVIER AGUILA, Petitioner, v. NEIL MCDOWELL (Warden), Respondent.
ORDER
Overruling Petitioner's Objections and Adopting the Report & Recommendation: Denying the Habeas Corpus Petition; Directing Entry of Separate Judgment; Dismissing the Action With Prejudice; Terminating and Closing Action (JS-6)
The Court has reviewed California state prisoner Javier Aguila's petition for a writ of habeas corpus pursuant to 28 U.S.C. section 2254, CM/ECF Document ("Doc") 1; the Magistrate Judge's August 3, 2018 Order to Show Cause (Doc 8) and petitioner's September 5, 2018 response (Doc 9); the Magistrate Judge's Report and Recommendation ("R&R") (Doc11) and petitioner's objection thereto (Doc 13); and the applicable law. As required by Fed. R. Civ. P. 72(b)(3), the Court has engaged in de novo review of the portions of the R&R to which petitioner has specifically objected and finds no defect of law, fact, or logic in the R&R. The Court finds discussion of the objections to be unnecessary on this record. "The Magistrates Act 'merely requires the district judge to make a de novo determination of those portions of the report or specified proposed findings or recommendation to which objection is made.'" It does not require a written explanation of the reasons for rejecting objections. See MacKenzie v. Calif. AG, 2016 WL 5339566, *1 (C.D. Cal. Sept. 21, 2016) (citation omitted). "This is particularly true where, as here, the objections are plainly unavailing." Smith v. Calif. Jud. Council, 2016 WL 6069179, *2 (C.D. Cal. Oct. 17, 2016). Accordingly, the Court will accept the Magistrate Judge's factual findings and legal conclusions and implement his recommendations.
ORDER
Petitioner's objection [Doc #13] is OVERRULED.
The Report and Recommendation [Doc #11] is ADOPTED.
The petition for a writ of habeas corpus [Doc # 1] is DENIED.
Final judgment consistent with this order will be entered separately as required by Fed. R. Civ. P. 58(a). See Jayne v. Sherman, 706 F.3d 994, 1009 (9th Cir. 2013).
This action is DISMISSED with prejudice.
The case SHALL BE TERMINATED and closed (JS-6).
IT IS SO ORDERED. Dated: January 22, 2019
/s/_________
Hon. Valerie Baker Fairbank
Senior United States District Judge