Bruce E Lisker v. Michael Knowles

Filing 223

JUDGMENT by Judge Virginia A. Phillips: The Second Amended Petition is denied as to the first claim and conditionally granted as to the second, third and fourth claims. A writ of habeas corpus shall issue, if, within 120 days from the date this Judgment becomes final, or 120 days after appellate proceedings have concluded (whichever is later), the State court does not grant Petitioner a new trial. Re: Order Adopting Report and Recommendations 222 (MD JS-6, Case Terminated). (ib)

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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 O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA BRUCE LISKER, Petitioner, vs. MICHAEL KNOWLES, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) CASE NO. CV 04-02687 VAP (RZ) JUDGMENT This matter came before the Court on the Second Amended Petition of BRUCE LISKER for a writ of habeas corpus. Having reviewed the Second Amended Petition and supporting and opposing papers, and having accepted the First and Second Reports and Recommendations of the United States Magistrate Judge, IT IS ORDERED AND ADJUDGED that the Second Amended Petition for Writ of Habeas Corpus is denied as to its first claim for relief. IT IS FURTHER ORDERED AND ADJUDGED that the Second Amended Petition is conditionally granted as to its second, third and fourth claims. A writ of habeas corpus shall issue, if, within one hundred and twenty (120) days from the date this /// /// /// 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 Judgment becomes final, or 120 days after appellate proceedings have concluded (whichever is later), the State court does not grant Petitioner a new trial. DATED: August 6, 2009 VIRGINIA A. PHILLIPS UNITED STATES DISTRICT JUDGE -2-

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