Tomas Grande Grajeda, Jr v. Unknown

Filing 45

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Josephine L. Staton for Report and Recommendation (Issued) 41 . IT IS ORDERED THAT the Report and Recommendation is approved and accepted; Judgment be entered (1) discharging Petitioner from all consequences of the street gang allegation appended to his conviction for carrying a loaded firearm in public in San Bernardino County Superior Court Case No. FVA-025452, vacating the portion of his sentence based thereon, and requiring the San Bernardino County Superior Court to resentence Petitioner accordingly within sixty (60) days; and (2) denying the Petition in all other respects. (dfi)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TOMAS GRANDE GRAJEDA, JR.,

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Petitioner,

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v.

Case No. EDCV 14-2500-JLS (LAL)
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

M.D. BITER,

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Respondent.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge’s

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Report and Recommendation, Petitioner’s Objections to the Report and Recommendation, and

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the remaining record, and has made a de novo determination.

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Petitioner’s Objections generally lack merit for the reasons set forth in the Report and
Recommendation.

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Accordingly, IT IS ORDERED THAT:

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1.

The Report and Recommendation is approved and accepted;

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2.

Judgment be entered (1) discharging Petitioner from all consequences of the street

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gang allegation appended to his conviction for carrying a loaded firearm in public in San

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Bernardino County Superior Court Case No. FVA-025452, vacating the portion of his

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sentence based thereon, and requiring the San Bernardino County Superior Court to

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resentence Petitioner accordingly within sixty (60) days; and (2) denying the Petition in

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all other respects; and

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3.

The Clerk serve copies of this Order on the parties.

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DATED:

May 3, 2017

_____________________________________
HONORABLE JOSEPHINE L. STATON
UNITED STATES DISTRICT JUDGE

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