Duran v. Castro

ORDER

KARLTON, Senior District Judge.

Petitioner, a state prisoner, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302, his application was referred to the magistrate judge who recommended that the application be denied. Petitioner, through counsel, has objected to the magistrate judge’s findings and recommendation. I consider petitioner’s objections on the pleadings and papers filed herein and without oral argument. 1 See Local Rule 78-230(h).

I

FACTUAL AND PROCEDURAL BACKGROUND

On January 4, 1997, J.C. Penney…