Cesar Gerardo Muro v G.D. Lewis, No. 8:2012cv01342 - Document 18 (C.D. Cal. 2013)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATESMAGISTRATE JUDGE by Judge Manuel L. Real for Report and Recommendation, 14 . IT THEREFORE IS ORDERED that (1) petitioner's request for an evidentiary hearing is denied; and (2) Jud gment be entered (a) denying petitioner's habeas petition with respect to Grounds 1, 2, and 4 and granting it with respect to Ground 3, and (b) discharging petitioner from all consequences of his conviction in Orange County Superior Court Case No. 08NF0364 of violating Cal. Penal Code 186.22(a), vacating the portion of his sentence based thereon, and requiring the Superior Court to resentence petitioner accordingly within sixty (60) days. (rla)
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Cesar Gerardo Muro v G.D. Lewis Doc. 18 It 2 3 4 5 II FILED SOUTHERN DIVISION I HEREBY CERTIFY THAT THIS DOCUMENT WAS SERVED BY FIRST ClJ\SS MAIL. POSTAGE PREPAID. TO All (OR PARTIES) AT THEIR RESPECTIVE MOST RECENT ADDRESS Of RECORD IN THIS ACTION ON THIS DATE. DAlEO: 6 DEPUTY 7 0 LJ . I 3 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 8 9 10 11 12 CESAR GERARDO MURO, Petitioner, 13 14 15 vs. G.D. LEWIS (Warden), Case No. SACV 12-1342-R (RNB) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 Respondent. 18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records 20 on file herein, and the Report and Recommendation of the United States Magistrate 21 Judge. Further, the Court has engaged in a de novo review of those portions of the Report 22 and Recommendation to which objections have been made. The Court accepts the 23 findings and recommendations of the Magistrate Judge. 24 IT THEREFORE IS ORDERED that (1) petitioner's request for an 25 evidentiary hearing is denied; and (2) Judgment be entered (a) denying petitioner's habeas 26 petition with respect to Grounds 1, 2, and 4 and granting it with respect to Ground 3, and 27 (b) discharging petitioner from all consequences of his conviction in Orange County 28 Superior Court Case No. 08NF0364 of violating Cal. Penal Code§ 186.22(a), vacating Dockets.Justia.com 1 the portion of his sentence based thereon, and requiring the Superior Court to resentence 2 petitioner accordingly within sixty (60) days. MANUEL L. REAL UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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