Erik John Freund v. Marion Spearman

Filing 23

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Andre Birotte Jr for Report and Recommendation (Issued) 18 . The Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that the Petition is DENIED and Judgment shall be entered dismissing this action with prejudice. (rh)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ERIK JOHN FREUND,

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Petitioner,
v.
MARION SPEARMAN, WARDEN,
Respondent.

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NO. SACV 13-1122-AB (KLS)

ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas

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Corpus (“Petition”), all of the records herein, the Report and Recommendation of United States

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Magistrate Judge (“Report”), and Petitioner’s Objections To The Magistrate Judge’s Report And

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Recommendation (“Objections”). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b),

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the Court has conducted a de novo review of those portions of the Report to which objections

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have been stated.

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The Court concludes that the arguments presented in the Objections do not affect or alter

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the analysis and conclusions set forth in the Report. However, in adopting the Report, the Court

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amends page 2 of the Report And Recommendation to correctly reflect the length of Petitioner’s

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sentence, which is a determinate term of 14 years, not, as stated in the Report, a term of “14

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years to life.”

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Having completed its review, the Court accepts the findings and recommendations set forth

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in the Report. Accordingly, IT IS ORDERED that: (1) the Petition is DENIED; and (2) Judgment

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shall be entered dismissing this action with prejudice.

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DATED: November 3, 2015.

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ANDRÉ BIROTTE JR.
UNITED STATES DISTRICT JUDGE

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