Douglas Brian McShane v. Matthew Cate, No. 5:2009cv01243 - Document 65 (C.D. Cal. 2012)
Court Description: ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Christina A. Snyder, IT IS ORDERED that: (1) the Court accepts the findings and recommendations of the Magistrate Judge, and (2) Judgment be entered conditionally granting the Petition for Writ of Habeas Corpus unless the State elects within 90 days of this Judgment becoming final to retry Petitioner. Report and Recommendation (Issued) 59 (lmh)
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Douglas Brian McShane v. Matthew Cate Doc. 65 1 2 3 4 5 6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 7 8 9 10 11 DOUGLAS BRIAN McSHANE, 12 Petitioner, 13 v. 14 MATTHEW CATE, 15 Respondent. ) ) ) ) ) ) ) ) ) ) No. ED CV 09-01243-CAS (VBK) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 Pursuant to 28 U.S.C. §636, the Court has reviewed the Petition 18 for Writ of Habeas Corpus (“Petition”), the records and files herein, 19 and the Report and Recommendation of the United States Magistrate 20 Judge (“Report”). 21 of those portions of the Report and Recommendation to which Respondent 22 has objected. Further, the Court has engaged in a de novo review 23 IT IS ORDERED that: (1) the Court accepts the findings and 24 recommendations of the Magistrate Judge, and (2) Judgment be entered 25 // 26 // 27 // 28 // Dockets.Justia.com 1 conditionally granting the Petition for Writ of Habeas Corpus unless 2 the State elects within 90 days of this Judgment becoming final to 3 retry Petitioner. 4 5 DATED: March 5, 2012 CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE 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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