Paige v. Ryan et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION, re: 15 Report and Recommendation; Petitioner's 1 Petition for Writ of Habeas Coprpus is granted and the matter is remanded to the state court to determine the specific relief Petitioner is afforded. Signed by Judge Earl H Carroll on 8/10/09. (REW, )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The sentence at page 12, lines 24 through 26, of the Report and Recommendation should read, "Petitioner also testified that Griffen explained to him that the written plea agreement did not include a specific sentence because judges in Yavapai county would not "stipulate to an exact sentence."
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Robert Stanley Paige,

) ) Petitioner, ) ) vs. ) ) ) Dora B. Schriro, Director of the Arizona) Department of Corrections; and Terry) Goddard, Attorney General of the State of) Arizona, ) ) Respondents. ) ) )

No. CV 07-8089-PCT-EHC (LOA) ORDER

Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court, having reviewed the record de novo, adopts in full the Magistrate Judge's Report and Recommendation (Dkt. 15) and incorporates the same as a part of this Order.1 Accordingly, IT IS ORDERED adopting the Report and Recommendation (Dkt. 15). IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, (Dkt. 1) is granted and the matter is remanded to the state court to determine the specific relief Petitioner is afforded.

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DATED this 10th day of August, 2009.

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