Nazario Cruz Sanchez v. S. Frauenheim

United States District Court for the Central District of California

Nazario Cruz Sanchez v. S. Frauenheim

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 NAZARIO CRUZ-SANCHEZ, ) Case No. SACV 17-1310-FMO (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE MONA D. HOUSTON, Warden, ) 14 ) Respondent. ) 15 ) 16 17 The Court has reviewed the First Amended Petition, records 18 on file, and Report and Recommendation of U.S. Magistrate Judge. 19 See

28 U.S.C. § 636

(b)(1). On February 3, 2020, Petitioner filed 20 objections to the R. & R., in which he mostly simply repeats 21 arguments from his FAP and Reply. He also contends that the 22 Magistrate Judge “overlooked” Spano v. New York,

360 U.S. 315

, 23 322 (1959), on which he relies. (Objs. at 2.) To the contrary, 24 she distinguished that case on its facts and recognized that the 25 state court of appeal had done so as well. (See R. & R. at 24 26 n.7.) The Magistrate Judge did not err in concluding that the 27 circumstances of Petitioner’s interrogations did not render his 28 limited confession involuntary. (See id. at 23-31.) 1 1 Having reviewed de novo all portions of the R. & R. to which 2 Petitioner objected, the Court accepts the findings and 3 recommendations of the Magistrate Judge. 4 IT THEREFORE IS ORDERED that the First Amended Petition is 5 denied and Judgment be entered dismissing this action with 6 prejudice. 7 8 DATED: February 26, 2020 /s/ FERNANDO M. OLGUIN 9 U.S. DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Reference

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