Erik John Freund v. Marion Spearman, No. 8:2013cv01122 - Document 23 (C.D. Cal. 2015)

Court Description: ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Andre Birotte Jr for Report and Recommendation (Issued) 18 . The Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that the Petition is DENIED and Judgment shall be entered dismissing this action with prejudice. (rh)

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Erik John Freund v. Marion Spearman Doc. 23 1 2 3 4 5 6 7 8 UNI TED STATES DI STRI CT COURT 9 CENTRAL DI STRI CT OF CALI FORNI A 10 11 ERI K JOHN FREUND, 12 13 14 Petitioner, v. MARI ON SPEARMAN, WARDEN, 15 Respondent. ) ) ) ) ) ) ) ) ) ) NO. SACV 13-1122-AB ( KLS) ORDER ACCEPTI NG FI NDI NGS AND RECOMMENDATI ONS OF UNI TED STATES MAGI STRATE JUDGE 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas 18 Corpus (“Petition”), all of the records herein, the Report and Recommendation of United States 19 Magistrate Judge (“Report”), and Petitioner’s Objections To The Magistrate Judge’s Report And 20 Recommendation (“Objections”). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), 21 the Court has conducted a de novo review of those portions of the Report to which objections 22 have been stated. 23 24 The Court concludes that the arguments presented in the Objections do not affect or alter 25 the analysis and conclusions set forth in the Report. However, in adopting the Report, the Court 26 amends page 2 of the Report And Recommendation to correctly reflect the length of Petitioner’s 27 sentence, which is a determinate term of 14 years, not, as stated in the Report, a term of “14 28 years to life.” Dockets.Justia.com 1 Having completed its review, the Court accepts the findings and recommendations set forth 2 in the Report. Accordingly, IT IS ORDERED that: (1) the Petition is DENIED; and (2) Judgment 3 shall be entered dismissing this action with prejudice. 4 5 DATED: November 3, 2015. 6 7 ANDRÉ BIROTTE JR. UNITED STATES DISTRICT JUDGE 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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