Summary
stating it was not clear whether respondent had met the burden of showing that the state court rule precluding raising a claim alleging improper admission of incriminating statements for the first time on habeas is independent and adequate, particularly in light of respondent's failure to address application of the Seaton case by the state court
Summary of this case from Anguiano v. CallahanOpinion
Case No. SACV 12-02073 GAF (AN)
2013-10-18
IMADE JATI, Petitioner, v. DAVID B. LONG, Warden, Respondent.
JUDGMENT
IT IS HEREBY ADJUDGED that this action is dismissed with prejudice for the reasons set forth in the Magistrate Judge's Report and Recommendation.
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GARY A. FEESS
UNITED STATES DISTRICT JUDGE