Lang v. Hernandez

Full title: DANIEL J. LANG, Petitioner, v. ROBERT J. HERNANDEZ, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Mar 15, 2011

CV 07-5746 RGK(JC) (C.D. Cal. Mar. 15, 2011)

Opinion

DANIEL J. LANG, Petitioner, v. ROBERT J. HERNANDEZ, Warden, Respondent. No. CV 07-5746 RGK(JC) United States District Court, C.D. California. March 15, 2011

          (PROPOSED)ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          R. GARY KLAUSNER, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"). The Court approves and adopts the Report and Recommendation.

         IT IS HEREBY ORDERED: (1) the portion of the Petition challenging petitioner's 1984 state court conviction (Grounds One, Two, and the part of Ground Three alleging petitioner's sentence was not based on a jury finding of all facts beyond a reasonable doubt) is dismissed as successive, since this Court is without jurisdiction to consider it; (2) the remaining claims in the Petition (the rest of Ground Three and Grounds Four through Six) are dismissed with prejudice.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Report and Recommendation, and the Judgment herein on petitioner and on counsel for respondent.

         LET JUDGMENT BE ENTERED ACCORDINGLY.