Summary
finding a juror's post-verdict statement apologizing for voting to convict the petitioner and explaining "that 'most of the jurors wanted to give defendant not guilty'" insufficient to reverse the verdict
Summary of this case from Mason v. ParamoOpinion
Case No. SACV 12-1514-DDP (OP)
12-20-2013
GENE ANTHONY FRANKLIN, Petitioner, v. LELAND S. McEWEN, Warden, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Petitioner has not filed any written Objections to the Report and Recommendation. The Court accepts the findings and recommendations of the Magistrate Judge,
IT IS ORDERED that Judgment be entered: (1) accepting this Report and Recommendation; (2) dismissing Petitioner's Motion for Stay as moot; and (3) directing that Judgment be entered denying the Petition and dismissing this action with prejudice. DATED: December 20, 2013
/s/_________
HONORABLE DEAN D. PREGERSON
United States District Judge
Prepared by: /s/_________
HONORABLE OSWALD PARADA
United States Magistrate Judge