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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 ANASTACIO G. RAMIREZ, Case No. 2:18-03628 PSG (ADS)

12 Petitioner,

13 v. ORDER ACCEPTING REPORT AND RECOMMENDATION OF 14 SCOTT FRAUENHEIM, UNITED STATES MAGISTRATE JUDGE AND DISMISSING CASE 15 Respondent.

16 17 Pursuant to

, the Court has reviewed the Petition, Respondent’s 18 Answer, Petitioner’s Traverse, and all related filings, along with the Report and 19 Recommendation of the assigned United States Magistrate Judge dated May 20, 2021 20 [Dkt. No. 25], and Petitioner’s Objection to Magistrate’s Report and Recommendation 21 (“Objection”) [Dkt. No. 27]. Further, the Court has engaged in a de novo review of those 22 portions of the Report and Recommendation to which objections have been made. 23 Petitioner’s objections are overruled. In addition, in his Objection, Petitioner 24 argues that an evidentiary hearing is necessary to resolve his claims. [Id., p. 3]. 1 || However, Petitioner fails to demonstrate the state record received and reviewed by the 2 || Court is insufficient to resolve his claims. Cullen v. Pinholster,

(2011) 3 || (federal court’s habeas review ordinarily “is limited to the record that was before the 4 court that adjudicated the claim on the merits”); Schrirro v. Landrigan,

474 (2007). 6 Accordingly, IT IS HEREBY ORDERED: 7 1. The United States Magistrate Judge’s Report and Recommendation [Dkt. 8 No. 25] is accepted; 9 2. The request for an evidentiary hearing [Dkt. No. 27, p. 3] is denied; 10 3. The Petition is denied and this action dismissed with prejudice; and 11 4. Judgment is to be entered accordingly. 4 PE. 13 |} DATED: 6/30/2021 fh AO AONORABLE PHILIP S. GUTIERREZ 14 United States District Judge 15 16 17 18 19 20 21 22 23 24