Opinion
NO. ED CV 16-2463-AG (KS)
05-31-2018
KRISSY LYNN WERNTZ, Petitioner, v. D.G. ADAMS, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition for Writ of Habeas Corpus ("Petition"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and Petitioner's Objections to the Magistrate Judge's Report and Recommendation ("Objections"). 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.
The Court concludes that the arguments presented in the Objections do not affect or alter the analysis and conclusions set forth in the Report. However, in adopting the Report, the Court makes the following amendments:
(1) page 11, line 4 of the Report, "Miranda v. Arizona" is italicized;
(2) page 28, line 28, after the phrase "a preliminary fact such" the word "as" is added; and
(3) page 46, line 9, the citation signal "See" is fully italicized.
Having completed its review, the Court accepts the findings and recommendations set forth in the Report as amended. Accordingly, IT IS ORDERED that: (1) Petitioner's motions for appointment of counsel and for a psychological evaluation are DENIED; (2) the Petition is DENIED; and (3) Judgment shall be entered dismissing this action with prejudice. DATED: May 31, 2018
/s/_________
ANDREW J. GUILFORD
UNITED STATES DISTRICT JUDGE