Paul Isaac Martinez v. Kelly Harrington

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge S. James Otero for Notice of Report and Recommendation 52 . IT THEREFORE IS ORDERED that petitioners untimely claims are denied (i.e. that portion of Ground Five alleging ineffective assistance of tr ial counsel for failure to challenge the gang allegations following the preliminary hearing; Grounds Seven though Ten; that portion of Ground Eleven alleging prosecutorial misconduct in failing to disclose the witness; and Grounds Twelve through Sixteen.) Respondent is hereby ordered to file an Answer on the merits to the remaining grounds in the First Amended Petition within forty-five (45) days. (am)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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PAUL ISAAC MARTINEZ,

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Petitioner,

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vs.
KELLY HARRINGTON,
Warden,
Respondent.

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Case No. CV 09-1000-SJO (DTB)
ORDER ADOPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

18 Petition, all the records and files herein, and the Report and Recommendation of the
19 United States Magistrate Judge. Objections to the Report and Recommendation have
20 been filed herein. Having made a de novo determination of those portions of the
21 Report and Recommendation to which objections have been made, the Court concurs
22 with and adopts the findings, conclusions and recommendations of the Magistrate
23 Judge.
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IT THEREFORE IS ORDERED that petitioner’s untimely claims are denied

25 (i.e. that portion of Ground Five alleging ineffective assistance of trial counsel for
26 failure to challenge the gang allegations following the preliminary hearing; Grounds
27 Seven though Ten; that portion of Ground Eleven alleging prosecutorial misconduct
28 in failing to disclose the witness; and Grounds Twelve through Sixteen.) Respondent
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1 is hereby ordered to file an Answer on the merits to the remaining grounds in the First
2 Amended Petition within forty-five (45) days.
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June 25, 2011

4 Dated: ___________________
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_______________________________
S. JAMES OTERO
UNITED STATES DISTRICT JUDGE

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