Wilson v. Harrison

Full title: ROBERT ALAN WILSON, Petitioner, v. CHARLES HARRISON, Warden, Respondent.

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

Date published: May 25, 2010

SACV 05-00446 PSG (SS) (C.D. Cal. May. 25, 2010)

Opinion

ROBERT ALAN WILSON, Petitioner, v. CHARLES HARRISON, Warden, Respondent. No. SACV 05-00446 PSG (SS). United States District Court, C.D. California. May 25, 2010.

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

          PHILIP S. GUTIERREZ, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge.

         Accordingly, IT IS ORDERED THAT:

         1. The Petition is GRANTED as to Ground Two only.

         2. The Petition is DENIED in all other respects.

         3. This matter is remanded to the state trial court for resentencing in a manner consistent with the Report and Recommendation.

         4. Petitioner is ordered released from custody to the extent that he is confined solely on the basis of his conviction for resisting an executive officer if and only if, within 120 days of the entry of judgment, the State does not resentence Petitioner in a manner consistent with the Report and Recommendation.

         5. The Clerk shall serve copies of this Order by United States mail on counsel for Petitioner and Respondent.