Jason Chungchien Yu v. Neil McDowell, as Acting Warden, Ironwood State Prison

Summary

The United States District Court for the Central District of California accepts the magistrate judge’s Report and Recommendation in a habeas corpus action under 28 U.S.C. § 2254. After conducting de novo review of the petitioner’s objections, the court overrules them and adopts the recommendation to deny the petition. The action is dismissed with prejudice.

Holdings

1. A district judge must conduct de novo review of the portions of a magistrate judge's Report and Recommendation to which specific written objections are made, while arguments directed to unobjected-to findings are deemed waived.
2. Yu's objections did not establish entitlement to habeas relief, and the petition was denied.
3. The petition was denied and the habeas action was dismissed with prejudice.

Questions Presented

1. Whether the district court properly reviewed the magistrate judge's Report and Recommendation de novo in response to Yu's objections.
2. Whether Yu's objections warranted habeas relief on his asserted Sixth and Fourteenth Amendment grounds.
3. Whether the petition should be denied and the action dismissed with prejudice.

Disposition

dismissed