Summary
finding Graham inapplicable despite the fact that the petitioner was convicted of felony murder, which did not require a finding that the petitioner was the actual killer or possessed any intent to kill
Summary of this case from Rafferty v. Ed SheldonOpinion
Case No. CV 12-265-RGK (SP)
01-09-2015
ANTHONY HERNANDEZ, Petitioner, v. M.D. McDONALD, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION 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. Further, the Court has engaged in a de novo review of those portions of the Report to which petitioner has objected. The Court accepts the findings and recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED that Judgment will be entered denying the Petition and dismissing this action with prejudice. DATED: January 9, 2015
/s/_________
HONORABLE R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE