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Minkim v. Cate

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
Feb 28, 2013
Case No. CV 12-00037 GAF (AN) (C.D. Cal. Feb. 28, 2013)

Opinion

Case No. CV 12-00037 GAF (AN)

02-28-2013

SANG MIN KIM, Petitioner, v. MATTHEW CATE, Secretary CDCR, et al., Respondents.


ORDER ACCEPTING THE FINDINGS

AND RECOMMENDATION OF THE

UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the file, including the Magistrate Judge's Report and Recommendation ("R&R") and Petitioner's Objections [36]. Further, the Court has completed a de novo review of those portions of the R&R to which Petitioner has objected.

Based on its review, the Court finds the Objections reiterate arguments made in the First Amended Petition, and those arguments were correctly rejected in the R&R. Additionally, as to Petitioner's insufficient evidence claims, he has used his Objections to continue his efforts to re-try his case by highlighting evidence ostensibly favorable to the defense and attempting to contradict inferences drawn by the jury. The Court, therefore, reiterates the finding in the R&R that a reviewing court "faced with a record of historical facts that supports conflicting inferences must presume - even if it does not affirmatively appear in the record - that the trier of fact resolved any such conflicts in favor of the prosecution, and must defer to that resolution." Jackson v. Virginia, 443 U.S. 307, 326, 99 S. Ct. 2781 (1979).

IT IS ORDERED that:

1. The Objections are overruled and the Court accepts the findings and recommendation of the R&R.

2. Judgment shall be entered denying the First Amended Petition and dismissing this action with prejudice.

3. All pending motions are denied as moot and terminated.

IT IS FURTHER ORDERED that the clerk of the Court shall serve a copy of this Order and the Judgment on all counsel or parties of record.

______________________

GARY A. FEESS

UNITED STATES DISTRICT JUDGE


Summaries of

Minkim v. Cate

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
Feb 28, 2013
Case No. CV 12-00037 GAF (AN) (C.D. Cal. Feb. 28, 2013)
Case details for

Minkim v. Cate

Case Details

Full title:SANG MIN KIM, Petitioner, v. MATTHEW CATE, Secretary CDCR, et al.…

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

Date published: Feb 28, 2013

Citations

Case No. CV 12-00037 GAF (AN) (C.D. Cal. Feb. 28, 2013)