Jason Scott Harper v. David Davey

Filing 29

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, by Judge John F. Walter 23 , 28 . IT IS THEREFORE ORDERED that (1) the Petition is GRANTED; (2) Respondents motion for a stay is DENIED; and (3) this matter is remanded to the Superior Court of Riverside County for resentencing in a manner consistent with the Magistrate Judges Report and Recommendation and Miller v. Alabama, 567 U.S. 460 (2012). (twdb)

1

O

2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10

JASON SCOTT HARPER,

11

Case No. ED CV-16-02250-JFW (KES)

Petitioner,

12

v.

13

DAVID DAVEY, Warden,

ORDER ACCEPTING FINDINGS AND

14

Respondent.

RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

15
16

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other

17

records on file herein, the Report and Recommendation of the United States

18

Magistrate Judge, and the Supplemental Report and Recommendation of the United

19

States Magistrate Judge. Further, the Court has engaged in a de novo review of

20

those portions of the Report and Recommendation to which objections have been

21

made. The Court accepts the findings and recommendations of the Magistrate

22

Judge.

23

///

24

///

25

///

26

///

27

///

28

1

IT IS THEREFORE ORDERED that (1) the Petition is GRANTED;

2

(2) Respondent’s motion for a stay is DENIED; and (3) this matter is remanded to

3

the Superior Court of Riverside County for resentencing in a manner consistent

4

with the Magistrate Judge’s Report and Recommendation and Miller v. Alabama,

5

567 U.S. 460 (2012).

6

DATED: November 28, 2017

7
8
9

____________________________________
JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2