Summary
stating that "the Supreme Court has declined to consider whether the Ake holding extends beyond psychiatrists to other expert witnesses and investigators" and that "the Supreme Court has not clearly established a constitutional right to the appointment of forensic experts"
Summary of this case from Raar v. RivardOpinion
NO. EDCV 07-01003 AG (SS).
February 28, 2010.
Samuel B. Sanchez, Soledad, CA, pro se.
James D. Dutton, Office of Attorney General of California, San Diego, CA, for Respondents.
ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records and files herein, and the Magistrate Judge's Report and Recommendation. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge.
Accordingly, IT IS ORDERED THAT:
1. The Petition is DENIED and Judgment shall be entered dismissing this action with prejudice.
2. The Clerk shall serve copies of this Order and the Judgment herein by United States mail on Petitioner and on counsel for Respondent.
DATED: February 28, 2010