Opinion
Case No. EDCV 15-2169-DSF (GJS)
09-01-2016
FERNANDO REY GOMEZ, Petitioner v. W.L. MONTGOMERY, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition ("Petition") and all pleadings, motions, and other documents filed in this action, and the Report and Recommendation of United States Magistrate Judge ("Report"). The time for filing Objections to the Report has passed, and no party has filed Objections with the Court.
Having completed its review, the Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: (1) the Petition is GRANTED; (2) a conditional writ of habeas corpus shall issue and Petitioner shall be released within 90 days of the entry of Judgment unless the State of California issues an Amended Abstract of Judgment in San Bernardino County Superior Court Case No. FSB14849 reinstating the 518 days of conduct credits rescinded on April 24, 2014, and then recalculates Petitioner's release date and takes any appropriate and necessary action required as a result of that recalculated release date; and (3) Judgment shall be entered in Petitioner's favor. DATE: 9/1/16
As noted in the Report, should this recalculation result in a release date that has passed, the State should take appropriate steps to promptly release Petitioner from incarceration. --------
/s/_________
DALE S. FISCHER
UNITED STATES DISTRICT JUDGE