1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 CHAD C. LEONARD, Case No. 5:19-cv-00501-RGK (SHK) 12 Petitioner, 13 v. ORDER ACCEPTING FINDINGS 14 STUART SHERMAN, Warden, AND RECOMMENDATION OF 15 UNITED STATES MAGISTRATE Respondent. JUDGE AND DISMISSING 16 ACTION WITH PREJUDICE 17 18 Pursuant to Title 28 of the United States Code, section 636, the Court has 19 reviewed the Petition for a Writ of Habeas Corpus, the records on file, and the 20 Report and Recommendation (“R&R”) of the United States Magistrate Judge. 21 The Court has engaged in de novo review of those portions of the R&R to which 22 Petitioner has objected. The Court accepts the findings and recommendation of 23 the Magistrate Judge with the following exception: Page 8, lines 24-26 of the R&R 24 are amended to read, “Pet. Mem. at 6, if the state court’s denial was based on an 25 implicit finding that state law did not require that this instruction be given or that 26 any error in that regard was harmless as a matter of state law, this Court is bound 27 by and may not revisit that determination. See Bradshaw v. Richey,

, 76 1 IT IS THEREFORE ORDERED that Judgment be entered (1) DENYING 2 | the Petition for a Writ of Habeas Corpus; and (2) DISMISSING this action with 3 | prejudice. 4 5 | Dated: April 14, 2020 6 GrqQ Karo 7 HONORABLE R. GARY KLAUSNER United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28