1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JAMES DUANE GRZESLO, ) NO. CV 19-9049-MCS (AGR) ) 12 Petitioner, ) ) 13 v. ) ) ORDER ACCEPTING FINDINGS 14 RAYTHEL FISHER, Warden, ) AND RECOMMENDATION OF ) MAGISTRATE JUDGE 15 Respondent. ) ) 16 ) ) 17 18 19 Pursuant to

, the Court has reviewed the Petition for Writ of 20 Habeas Corpus, the other records on file herein, the Report and 21 Recommendation of the United States Magistrate Judge (“Report”) and the 22 Objections. Further, the Court has engaged in a de novo review of those portions 23 of the Report and Recommendation to which objections have been made. The 24 Court accepts the findings and recommendation of the Magistrate Judge. 25 Petitioner argues that the Report ignored that he is “left-handed since 26 birth.” (Obj. at 7:15.) Petitioner does not cite any trial evidence on that point. 27 The jury heard evidence regarding Petitioner’s use of his right and left hands. 28 (Reporter’s Transcript (“RT”) 7259:23-7260:2, 7262:24-27, 7813:5-11, 7813:26- 1 7814:2, 7814:13-18, 7890:20-7891:1, 8218:16-17.) 2 Petitioner's objections appear to raise a new ground for relief based on the 3 alleged absence of search warrants for his residence, car or storage unit. There 4 is no indication that this new ground for relief was exhausted before the California 5 Supreme Court. Federal habeas relief is generally not available for unexhausted 6 grounds.

(b)(1). Moreover, the record indicates the People 7 produced the search warrant for the storage unit; the search warrant for his 8 residence and car, and the victim’s residence and car; and the return. (RT 9} 2412:8-14, 5105:24-25, 5106:10-16, 5116:13-15, 5413:3-8, 5724:10-18, 5725:6- 10 8.) There was testimony about search warrants. (RT 7532:17-20, 7575:21-27, 11 7829:24-7830:15, 7854:21-23, 8197:11-15.) In addition, federal habeas relief is 12 not available for alleged violations of the Fourth Amendment when, as here, the 13 state provided an opportunity for full and fair litigation of a claim that evidence 14 obtained in an unconstitutional search or seizure was introduced at trial. Stone v. Powell,

(1976). 16 Petitioner's remaining objections are without merit." 17 IT THEREFORE IS ORDERED that judgment be entered denying the 18 Petition for Writ of Habeas Corpus on the merits and dismissing this action with 19 prejudice. Va DATED: March 29, 2021 ack L Sears United States District Judge 24 25 26 ' Petitioner contends that Detective Delhauer was found to have been 27 | 76064 (C.D. Cal- Apt’ 15, 2009). The court has not located any such finding in 98 that case.