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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JESSIE HEREDIA,
Petitioner,
vs.
LARRY SMALL, Warden,
Respondent.

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Case No. CV 09-3669-RGK (DTB)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 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.
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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
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______________________________
R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE
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