Ybarra v. Martel et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATION 34 ; the R&R is modified to include the new citations to Swarthout and Harrington; court has reviewed de novo all portions of the R&R to which Ybarra objected, and overrules his objections; the Court has also reviewed the R&R more generally, and concludes its findings and recommendations are correct; Ybarra's objections are overruled and the Court adopts the R&R, as modified; all pending motions are denied as moot; the Petition is denied; the Certificate of Appealability is denied; Signed by Judge Larry Alan Burns on 2/10/11.(All non-registered users served via U.S. Mail Service)(kaj)

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