Jason Scott Harper v. David Davey, No. 5:2016cv02250 - Document 29 (C.D. Cal. 2017)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, by Judge John F. Walter 23 , 28 . IT IS THEREFORE ORDERED that (1) the Petition is GRANTED; (2) Respondents motion for a stay is DENIED; and (3) this matter is remanded to the Superior Court of Riverside County for resentencing in a manner consistent with the Magistrate Judges Report and Recommendation and Miller v. Alabama, 567 U.S. 460 (2012). (twdb)
Download PDF
<![CDATA[
Jason Scott Harper v. David Davey Doc. 29 1 O 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 JASON SCOTT HARPER, 11 Case No. ED CV-16-02250-JFW (KES) Petitioner, 12 v. 13 DAVID DAVEY, Warden, ORDER ACCEPTING FINDINGS AND 14 Respondent. RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other 17 records on file herein, the Report and Recommendation of the United States 18 Magistrate Judge, and the Supplemental Report and Recommendation of the United 19 States Magistrate Judge. Further, the Court has engaged in a de novo review of 20 those portions of the Report and Recommendation to which objections have been 21 made. The Court accepts the findings and recommendations of the Magistrate 22 Judge. 23 /// 24 /// 25 /// 26 /// 27 /// 28 Dockets.Justia.com 1 IT IS THEREFORE ORDERED that (1) the Petition is GRANTED; 2 (2) Respondent’s motion for a stay is DENIED; and (3) this matter is remanded to 3 the Superior Court of Riverside County for resentencing in a manner consistent 4 with the Magistrate Judge’s Report and Recommendation and Miller v. Alabama, 5 567 U.S. 460 (2012). 6 DATED: November 28, 2017 7 8 9 ____________________________________ JOHN F. WALTER UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
