Summary
finding no Brady violation where there was no indication the prosecution ever obtained the cellphone records and the defendant had enough information to discover the records himself
Summary of this case from United States v. CaseOpinion
Case No. ED CV 10-1534-VAP (SP)
02-20-2014
TYRONE LAYTON, Petitioner, v. M. MARTEL, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Fist Amended 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 First Amended Petition and dismissing this action with prejudice.
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HONORABLE VIRGINIA A. PHILLIPS
UNITED STATES DISTRICT JUDGE