Opinion
CASE NO. CV 09-03358 GW (RZ)
12-27-2011
TRAYVON HARBOR, Petitioner, v. DOMINGO URIBE, JR., WARDEN, Respondent.
ORDER ACCEPTING FINDINGS 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 United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. Although the Court agrees with the Magistrate Judge's recommendation to deny the petition and dismiss the action with prejudice, the Court makes the following observations before accepting the Report.
First, it appears that the reference to the "trial court" at page 20, line 5 of the Report refers instead to a determination by the California Court of Appeal, and the Court so construes the Report.
Second, the Report correctly notes that a declaration by one Aretha Bonner, as attached to the petition, was unsigned. See R&R at 25:22-25. But Petitioner included a signed version of that declaration with his Traverse (at its page 78), as Petitioner correctly notes in his Objections (at page 13). This ultimately makes no difference, however. This is because, as the Report correctly states next (at the top of page 26), even if Bonner had testified as Petitioner wishes, it is not reasonably likely that he would have obtained a better trial result.
Third, the Report's discussion of Petitioner's final claim, cumulative error, states that some of his preceding claims were rejected on grounds of harmless error. It does not appear that this is so. There was no error to accumulate.
With the foregoing comments and clarifications, the Court accepts the findings and recommendations of the Magistrate Judge.
_________________
GEORGE H. WU
UNITED STATES DISTRICT JUDGE