Opinion
NO. CV 12-00975-SVW (MAN)
01-13-2016
SERGIO INIGUEZ, Petitioner, v. MARVIN BITER, WARDEN, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Third Amended Petition for Writ of Habeas Corpus ("Petition"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and Petitioner's Objections to the Report. The Court has conducted a de novo review of those matters to which objections have been stated in writing.
Petitioner, through his counsel, asserts that the United States Magistrate Judge failed to address an ineffective assistance of counsel claim alleged in Ground One of the Petition. It is unclear why counsel makes this assertion, given that the Report expressly addresses this ineffective assistance claim at pages 16-18. The Court has considered Petitioner's remaining objections and concludes that they do not alter the findings, analysis, or conclusions set forth in the Report.
Having completed its review, the Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: (1) the Petition is DENIED; and (2) Judgment shall be entered dismissing this action with prejudice. DATED: 1/13/16.
/s/_________
STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE