Tyler v. Luna

Full title: EDWARD TYLER, Petitioner, v. OCTAVIO C. LUNA, Executive Director, Patton…

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Mar 16, 2011

CV 10-3643-SJO (DTB) (C.D. Cal. Mar. 16, 2011)

Opinion

EDWARD TYLER, Petitioner, v. OCTAVIO C. LUNA, Executive Director, Patton State Hospital, Respondent. No. CV 10-3643-SJO (DTB) United States District Court, C.D. California. March 16, 2011

          ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          S. JAMES OTERO, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, the Report and Recommendation and the Final Report and Recommendation of the United States Magistrate Judge. The Court concurs with and adopts the findings, conclusions and recommendations of the Magistrate Judge.

         IT THEREFORE IS ORDERED that Judgment be entered granting a conditional writ of habeas corpus as follows: Unless, within 20 days of the entry of Judgment herein, the state initiates civil commitment proceedings against petitioner in accordance with the state statutes and procedures governing the civil commitment of any other citizen, petitioner shall be released forthwith from custody.