Summary
finding that "the jury could reasonably infer prior planning because petitioner was armed with a knife when the incident occurred" and collecting cases
Summary of this case from Villalobos v. BiterOpinion
Case No. EDCV 13-1109-BRO (JEM)
12-03-2013
TRAVIS MASCARENAS, Petitioner, v. DAVID B. LONG, Respondent.
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the records on file, and the Report and Recommendation of the United States Magistrate Judge. Petitioner has filed Objections, and the Court has engaged in a de novo review of those portions of the Report and Recommendation to which Petitioner has objected. The Court accepts the findings and recommendations of the Magistrate Judge.
IT IS HEREBY ORDERED that: (1) the Petition for Writ of Habeas Corpus is denied; and (2) Judgment shall be entered dismissing the action with prejudice.
______________________
BEVERLY REID O'CONNELL
UNITED STATES DISTRICT JUDGE