Opinion
2:04-cv-07532-KK (GJS)
02-21-2024
ALVARO QUEZADA, Petitioner v. AL K. SCRIBNER, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
KENLY KIYA KATO UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the operative habeas petition [Dkt. 38, “Petition”], all relevant documents filed and lodged in this action, the Report and Recommendation of United States Magistrate Judge [Dkt. 247, “Report”], and Petitioner's Objections to the Report [Dkt. 253]. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed.R.Civ.P. 72(b), the Court has conducted a de novo review of those portions of the Report to which objections have been stated.
In his Objections to the Report, Petitioner reiterates his argument that his claim under Napue v. Illinois, 360 U.S. 264 (1959) (“Napue”) is subject to de novo review. See dkt. 253 at 8-10. As set forth in the Report, the Court finds this claim must be reviewed pursuant to the Section 2254(d) standard. See dkt. 247 at 23. However, even under a de novo standard of review, the Court finds Petitioner's Napue claim fails for the reasons stated in the Report. See Id. at 28-42.
Having completed its review, the Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: the Petition is DENIED; and Judgment shall be entered dismissing this action with