Opinion
No. ED CV 12-741 PA (MRW)
08-17-2016
ANDREW FELIX, Petitioner, v. L.S. McEWEN, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court reviewed the petition, the records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court engaged in a de novo review of those portions of the Report to which the parties have objected. The Court accepts the findings and recommendation of the Magistrate Judge.
IT IS ORDERED that Judgment be entered GRANTING the petition as to Petitioner's gang enhancement finding. The writ of habeas corpus requiring the state superior court to re-sentence Petitioner will issue if, within 90 days from the date of the Judgment or the conclusion of appellate proceedings (whichever is later), the State of California does not retry Petitioner on the enhancement. DATE: August 17, 2016
/s/_________
HON. PERCY ANDERSON
UNITED STATES DISTRICT JUDGE