DeBerry v. Schriro, et al

Filing 70

MEMORANDUM OF DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS the Court adopts in part and rejects in part 62 Report and Recommendation of the Magistrate Judge. The Court adopts Grounds 1(b), 3(a), and 3(b) of the magistrate judge's rep ort. The Court rejects Grounds 1(a), 1(c), and 2 of the magistrate judges report. IT IS FURTHER ORDERED that Ground 1(a) (Mitigation) and Ground 1(c) (Aggravation) of 60 Petitioner's Second Amended Petition for Writ of Habeas Corpus be DISMISS ED WITH PREJUDICE. IT IS FURTHER ORDERED that Ground 1(b) (Silence on Remorse), Ground 3(a) (Apprendi/Blakely), and Ground 3(b) (Ineffectiveness of Counsel) of 60 Petitioner's Second Amended Petition for Writ of Habeas Corpus be DENIED. IT IS FURTHER ORDERED that Ground 2 (Breach of Plea Agreement) of 60 Petitioner's Second Amended Petition for Writ of Habeas Corpus be DENIED. IT IS FURTHER ORDERED that the Clerk of Court send copies of this Order to all parties of record in the case as well as to the magistrate judge. The Clerk shall terminate this case. Signed by Judge Stephen M McNamee on 10/22/09. (LSP)