Jessie Heredia v. Larry Small

Filing 33

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge R. Gary Klausner for Report and Recommendation (Issued) 29 , Notice of Report and Recommendation 28 (am)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 JESSIE HEREDIA, Petitioner, vs. LARRY SMALL, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. CV 09-3669-RGK (DTB) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the Petition, all the records 18 and files herein, and the Report and Recommendation of the United States Magistrate 19 Judge. Objections to the Report and Recommendation have been filed herein. Having 20 made a de novo determination of those portions of the Report and Recommendation 21 to which objections have been made, the Court concurs with and accepts the findings, 22 conclusions and recommendations of the Magistrate Judge. 23 IT THEREFORE IS ORDERED that Judgment be entered denying the Petition 24 with respect to Grounds One and Three, and granting the Petition with respect to 25 Ground Two. Respondent is ordered to either release petitioner or retry him within 26 120 days of the date of this order. 27 DATED: April 10, 2012 28 ______________________________ R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 1

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